Retour Commissioner’s report on Albania and intervention before the European Court of Human Rights

Commissioner’s report on Albania and intervention before the European Court of Human Rights

On 26 September 2018, the Commissioner took part in the hearing before the Grand Chamber of the European Court of Human Rights in the case of N.D and N.T v. Spain in relation to two complaints concerning alleged summary returns of migrants from the Spanish city of Melilla to Morocco. In her contribution, she noted “the special importance this case has for the protection of the human rights of migrants, asylum seekers and refugees.” Among the key human rights issues at stake in these cases, the Commissioner emphasised the protection against collective expulsions and safeguards against violations of the principle of non-refoulement, underscoring that the practice of summary returns of migrants raises a number of human rights concerns. “This practice deprives them of the possibility of being identified, of having their individual situation duly assessed and of having access to an effective remedy”, said the Commissioner. She stressed that the challenges states meet in managing migratory flows cannot justify practices incompatible with their obligations under the European Convention on Human Rights.

The text of the intervention and a video of the hearing are available online.

On 13 September 2018, the Commissioner for Human Rights published a report on Albania, following her visit in May. In the report, she calls on the Albanian authorities to address the issue of the legal recognition of some 4 900 people who are stateless or at risk of statelessness, including by establishing a dedicated statelessness determination procedure. She also called on Albania to accede to the Council of Europe Convention for the Avoidance of Statelessness in relation to State Succession. The full report is available here.
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