{"id":11173,"date":"2021-03-01T17:14:57","date_gmt":"2021-03-01T15:14:57","guid":{"rendered":"https:\/\/openasia.org\/en\/?p=11173"},"modified":"2021-03-01T17:42:29","modified_gmt":"2021-03-01T15:42:29","slug":"a-syrian-asylum-seekers-case-reframes-migrant-abuses-as-enforced-disappearances","status":"publish","type":"post","link":"https:\/\/openasia.org\/en\/2021\/03\/a-syrian-asylum-seekers-case-reframes-migrant-abuses-as-enforced-disappearances\/","title":{"rendered":"A Syrian Asylum-Seeker\u2019s Case Reframes Migrant Abuses as Enforced Disappearances"},"content":{"rendered":"<p><a href=\"https:\/\/theintercept.com\/2021\/02\/28\/enforced-disappearances-asylum-migrant-abuse\/\">The Intercept<\/a>, originally published on February 28 2021.<\/p>\n<p>By <span data-reactid=\"201\"><a class=\"PostByline-link\" href=\"https:\/\/theintercept.com\/staff\/john-washington\/\" rel=\"author\" data-reactid=\"200\">John Washington<\/a>.<\/span><\/p>\n<div id=\"attachment_11174\" style=\"width: 761px\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/openasia.org\/en\/wp-content\/uploads\/2021\/03\/20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_028-e1614292973558.jpg\"><img loading=\"lazy\" decoding=\"async\" aria-describedby=\"caption-attachment-11174\" class=\"wp-image-11174\" src=\"https:\/\/openasia.org\/en\/wp-content\/uploads\/2021\/03\/20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_028-e1614292973558.jpg\" alt=\"\" width=\"751\" height=\"376\" srcset=\"https:\/\/openasia.org\/en\/wp-content\/uploads\/2021\/03\/20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_028-e1614292973558.jpg 2000w, https:\/\/openasia.org\/en\/wp-content\/uploads\/2021\/03\/20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_028-e1614292973558-150x75.jpg 150w, https:\/\/openasia.org\/en\/wp-content\/uploads\/2021\/03\/20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_028-e1614292973558-300x150.jpg 300w, https:\/\/openasia.org\/en\/wp-content\/uploads\/2021\/03\/20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_028-e1614292973558-768x384.jpg 768w, https:\/\/openasia.org\/en\/wp-content\/uploads\/2021\/03\/20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_028-e1614292973558-1024x512.jpg 1024w\" sizes=\"auto, (max-width: 751px) 100vw, 751px\" \/><\/a><p id=\"caption-attachment-11174\" class=\"wp-caption-text\">Fady calls a friend from his apartment in Nuremberg, Germany, on Feb. 21, 2021. A Syrian migrant with asylum in Germany, Fady experienced illegal deportation into Turkey at the hands of Greek police and and German commandos, amounting to what his lawyers claim is an enforced disappearance. Photo: Sebastian Lock for The Intercept<\/p><\/div>\n<p>&nbsp;<\/p>\n<div>\n<p>F<u>ady roamed the<\/u>\u00a0bus depot in Didymoteicho, Greece, in November 2016, holding up his phone to waiting strangers, showing them a photo of his missing 11-year-old brother, Mhamad. After about an hour with no luck, he was approached by three Greek police officers. Though Syrians like Fady were frequent targets of various European authorities, Fady thought he was safe: He was a legal asylee in Germany, with a German ID card, passport, and papers to prove it. Backing him up against a wall, the officers asked who he was, where he was from. When he told them he was from Syria, they took his German ID and didn\u2019t give it back. Then they put him in a van.<\/p>\n<p>Fady repeatedly explained to the officers that he had a German passport and was legally in Greece, but the officers couldn\u2019t understand his broken German. They took him to a detention center, where they strip-searched him in front of a female guard, took his cellphone, passport, keys, and all of his other personal effects, and then deposited him into an empty cell. The cell soon started filling up.<\/p>\n<p>Later that night, Fady and about 50 other detainees were handed over by the police to a group of German-speaking commandos, armed, masked, and clad in all black. As the detainees were loaded into trucks, Fady, in German, begged to be released. One of the commandos hit him with a nightstick, first in the back, then on the left leg, leaving bruises that lasted for months. When Fady persisted, another commando unholstered a pistol and leveled it at his face.<\/p>\n<\/div>\n<div>\n<p>The group was driven a few hours to a narrow strip of forest on the bank of the Evros River, known in Turkey as the Meri\u00e7 River, the increasingly militarized border between Turkey and Greece. Blistered with detention centers, police stations, watchtowers, anti-tank moats, and minefields, the border zone is\u00a0<a id=\"reader.external-link.num-2\" href=\"https:\/\/forensic-architecture.org\/investigation\/evros-situated-testimony\" target=\"_blank\" rel=\"noopener noreferrer\">closed<\/a>\u00a0to civilians, journalists, and humanitarian organizations. (Fady\u2019s attorneys requested that his last name be withheld for fear that the Greek or other governments could retaliate against him.)<\/p>\n<p>It was the middle of the night and very cold. The commandos loaded Fady and the others onto a rubber boat, six at a time, and ferried them across the swift river. Most of the others in the group were men, but there were also women and children, some as young as 1 or 2 years old. \u201cI was terrified,\u201d Fady told me. \u201cI couldn\u2019t swim. I still can\u2019t. I thought we were going to capsize and drown.\u201d<\/p>\n<p>As the group was shuttled across the river, the commandos beat anyone who looked at them, finally leaving all the detainees on the muddy riverbank in Turkey. Stranded in the cold, Fady and some of the others scrambled up through the thick poplar and willow brush and began walking through the forest, searching for help. That night, for the first time in his life, Fady felt a yanking pain in his chest as he stumbled over rocks and puddles, snapping past branches, pressing aimlessly on into the unknown. \u201cIt was heartache, a pain that is very, very, very painful,\u201d Fady said. About 90 minutes later, the group was picked up and arrested by Turkish soldiers. It was the first night of a three-year ordeal: failed attempts to cross back into Europe, detention, privation, and neglect from the European authorities who had already pledged to protect him.<\/p>\n<\/div>\n<div>\n<div>\n<div>\n<div>\n<div id=\"RIL_IMG_2\" class=\"RIL_IMG\">\n<figure><img decoding=\"async\" src=\"https:\/\/pocket-image-cache.com\/\/filters:no_upscale():format(jpg):extract_cover()\/https%3A%2F%2Ftheintercept.com%2Fwp-uploads%2Fsites%2F1%2F2021%2F02%2F20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_088_es-e1614109472787.jpg\" alt=\"Left\/Top: Fady says it\u2019s usually too cold for him in Germany. But now spring is coming. Right\/Bottom: Mud on the path in a park. Fady says the whole way to Germany was like this.\" \/><figcaption>Left\/Top: Fady says it\u2019s usually too cold for him in Germany. But now spring is coming. Right\/Bottom: Mud on the path in a park. Fady says the whole way to Germany was like this.<\/figcaption><\/figure>\n<\/div>\n<\/div>\n<div>\n<div id=\"RIL_IMG_3\" class=\"RIL_IMG\">\n<figure><img decoding=\"async\" src=\"https:\/\/pocket-image-cache.com\/\/filters:no_upscale():format(jpg):extract_cover()\/https%3A%2F%2Ftheintercept.com%2Fwp-uploads%2Fsites%2F1%2F2021%2F02%2F20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_147-e1614107010264.jpg\" alt=\"Left\/Top: Fady says it\u2019s usually too cold for him in Germany. But now spring is coming. Right\/Bottom: Mud on the path in a park. Fady says the whole way to Germany was like this.\" \/><figcaption>Left\/Top: Fady says it\u2019s usually too cold for him in Germany. But now spring is coming. Right\/Bottom: Mud on the path in a park. Fady says the whole way to Germany was like this.<\/figcaption><\/figure>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n<div>\n<p>T<u>he yearslong havoc<\/u>\u00a0his life was thrown into \u2014 illegal deportation, confiscation of his documents, and lack of protection or even recognition under the law \u2014 amounts to what Fady\u2019s lawyers claim is an enforced disappearance. It is a novel legal argument that his attorneys are currently presenting before the United Nations Human Rights Committee, an effort to bring attention to the series of abuses he and other asylum-seekers suffer. \u201cFraming migrant detention in unknown places as enforced disappearance is important because it highlights the egregiousness of these crimes,\u201d said Itamar Mann, an associate professor of law at the University of Haifa and legal adviser at Global Legal Action Network, a nonprofit that pursues legal action to promote accountability for human rights violations.<\/p>\n<p>Amanda Brown, a legal researcher for GLAN and lead author of the complaint submitted to the Human Rights Committee, pointed out the importance of how \u201cpushbacks need to be understood as a racial project,\u201d in that they keep nonwhite people from accessing Europe. She noted that the Greek officers at the bus station didn\u2019t take Fady\u2019s ID until they learned that he was Syrian. Brown added that calling a migrant \u201cmissing\u201d simply doesn\u2019t capture the gravity of the offense: \u201cUsing \u2018disappeared\u2019 puts the onus on the state.\u201d<\/p>\n<p>I asked Fady if he felt like he had been disappeared during those three years. \u201cThat was exactly what it felt like,\u201d he told me. \u201cI felt like I didn\u2019t exist, that I was nothing.\u201d<\/p>\n<\/div>\n<div>\n<p>In the three years after the pushback, Fady would be stuck in legal limbo, lost in a foreign country without any documentation, unable to return home to his legal residence in Germany, still desperately seeking to find his young brother. He tried 14 times to return to Greece: 11 attempts at crossing back over the Evros River, once at a more remote land-crossing, and once by sea. During each of these 13 attempts, he was subjected to summary expulsions by Greek and Turkish officials, during which he was repeatedly detained, beaten, threatened, and robbed.<\/p>\n<p>His experience is not unique. A\u00a0<a id=\"reader.external-link.num-3\" href=\"https:\/\/documentcloud.adobe.com\/link\/track?uri=urn:aaid:scds:US:3f809f15-bada-4d3f-adab-f14d9489275a#pageNum=9\" target=\"_blank\" rel=\"noopener noreferrer\">report from the Border Violence Monitoring Network<\/a>\u00a0found that 85 percent of the nearly 900 people whose testimonies appear in the report, all of whom suffered similar pushbacks, were subjected to torture or to inhuman or degrading treatment by border guards.<\/p>\n<p>After Fady\u2019s fourth attempt, he considered heading back to Syria, but his parents, especially his mother, warned him that it was too dangerous. His attempts to find work and help from the German consulate came up empty. Eventually, in exchange for room and board, he spent a month cooking and delivering meals for a local charity, but Turkey offered him no refuge or stability.<\/p>\n<\/div>\n<div>\n<p>Earlier in the year, in a bid to stem the tide of refugees into Europe, the European Union and Turkey\u00a0<a id=\"reader.external-link.num-4\" href=\"https:\/\/www.washingtonpost.com\/news\/worldviews\/wp\/2016\/03\/23\/the-e-u-says-turkey-is-safe-for-refugees-heres-why-it-may-not-be\/\" target=\"_blank\" rel=\"noopener noreferrer\">signed<\/a>\u00a0an agreement that saw\u00a0the EU pledge to pay 6 billion euros in exchange for Turkey taking refugees, mostly Syrians, from Greece. Human rights groups objected to the deal: As Fady and other asylum-seekers\u2019 cases demonstrated, Turkey was\u00a0<a id=\"reader.external-link.num-5\" href=\"https:\/\/www.amnesty.org\/en\/latest\/news\/2016\/03\/turkey-safe-country-sham-revealed-dozens-of-afghans-returned\/\" target=\"_blank\" rel=\"noopener noreferrer\">not a safe place<\/a>\u00a0for\u00a0<a id=\"reader.external-link.num-6\" href=\"https:\/\/www.hrw.org\/news\/2016\/03\/22\/turkey-safe-refugees\" target=\"_blank\" rel=\"noopener noreferrer\">refugees<\/a>.<\/p>\n<p>Fady, for his part, kept trying to return to Europe. On his 14th attempt, he made it into Greece, but he still struggled to find safety and security and, once he made it to Athens, convince authorities of his legal status. At the German consulate, officials were negligently slow to reissue his visa. His precarious existence dragged on: Fady slept rough, found a squat, struggled to find food, and worried about his missing brother. At one point, he was hospitalized after a xenophobic attack left him with a broken jaw and a stab wound in his leg, requiring dozens of stitches.<\/p>\n<p>By pressing Fady\u2019s case before an international body, his lawyers hope he can win justice: not least, remuneration, but also a basic recognition of what happened to him from the powerful states that took years of his life and inflicted staggering pain. \u201cI want them to know about what happened at the borders with the refugees and immigrants,\u201d Fady said. \u201cI want them to know about what the commandos do to them and how they treat them.\u201d<\/p>\n<\/div>\n<div id=\"RIL_IMG_4\" class=\"RIL_IMG\">\n<figure><img decoding=\"async\" src=\"https:\/\/pocket-image-cache.com\/\/filters:no_upscale():format(jpg):extract_cover()\/https%3A%2F%2Ftheintercept.imgix.net%2Fwp-uploads%2Fsites%2F1%2F2021%2F02%2FGettyImages-106564851-frontex-migrant-pushbacks.jpg%3Fauto%3Dcompress%252Cformat%26q%3D90\" alt=\"Minors peer through the fence of an immigrant detention center in the village of Fylakio, on the Greek-Turkish border, upon the arrival of Frontex Rapid Border Intervention Teams and European Union officials on Nov. 5, 2010.\" \/><figcaption>Minors peer through the fence of an immigrant detention center in the village of Fylakio, on the Greek-Turkish border, upon the arrival of Frontex Rapid Border Intervention Teams and European Union officials on Nov. 5, 2010.<\/figcaption><\/figure>\n<\/div>\n<div>\n<p>T<u>he pushbacks Fady<\/u>\u00a0experienced at the hands of Greek officials and German commandos are an increasingly common tactic of keeping migrants and refugees out of southern and eastern Europe. In 2019, the\u00a0<a id=\"reader.external-link.num-7\" href=\"https:\/\/rm.coe.int\/CoERMPublicCommonSearchServices\/DisplayDCTMContent?documentId=090000168094938c\" target=\"_blank\" rel=\"noopener noreferrer\">U.N. high commissioner for refugees wrote that the agency<\/a>\u00a0\u201cremains seriously concerned over continued allegations of \u2018push-back\u2019 (informal forced returns), which appear to affect hundreds of third-country nationals summarily returned without an effective opportunity to access procedures or seek asylum.\u201d The U.N. was almost certainly grossly undercounting the number of pushbacks: Independent watchdogs have recorded tens of thousands of such events in\u00a0<a id=\"reader.external-link.num-8\" href=\"https:\/\/www.hrw.org\/news\/2020\/10\/06\/greece-investigate-pushbacks-violence-borders\" target=\"_blank\" rel=\"noopener noreferrer\">southern<\/a>\u00a0and\u00a0<a id=\"reader.external-link.num-9\" href=\"https:\/\/www-cdn.oxfam.org\/s3fs-public\/file_attachments\/bp-dangerous-game-pushback-migrants-refugees-060417-en_0.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">eastern<\/a>\u00a0Europe. In November 2019, Turkey\u2019s Ministry of the Interior reported that\u00a0<a id=\"reader.external-link.num-10\" href=\"https:\/\/www.dailysabah.com\/eu-affairs\/2019\/11\/22\/turkey-looks-after-refugees-beaten-pushed-back-by-greece\" target=\"_blank\" rel=\"noopener noreferrer\">Greece pushed back 25,404 migrants<\/a>\u00a0just in the first 10 months of 2019, though the figure is difficult to corroborate.<\/p>\n<p>The commandos assisting the Greek officials are also a common sight \u2014 and may be members of the EU\u2019s border enforcement agency, Frontex, which is increasingly\u00a0<a id=\"reader.external-link.num-11\" href=\"https:\/\/respondmigration.com\/blog-1\/what-is-frontex-doing-about-illegal-pushbacks-in-evros\" target=\"_blank\" rel=\"noopener noreferrer\">involved or complicit in<\/a>\u00a0pushbacks in both Greece and Croatia. In 2010, Frontex began deploying Rapid Border Intervention Teams along the Greek-Turkish border. (Neither Frontex nor various Greek agencies replied to requests for comment on this article.) A spokesperson for the German Federal Ministry of the Interior, while explaining that they could not comment on individual cases, said that \u201cthe German Federal Police supports the Greek authorities to protect the Greek border.\u201d German officers, the ministry said, \u201ccomply with German, European, and international law.\u201d<\/p>\n<\/div>\n<div id=\"RIL_IMG_5\" class=\"RIL_IMG\">\n<figure><img decoding=\"async\" src=\"https:\/\/pocket-image-cache.com\/\/filters:no_upscale():format(jpg):extract_cover()\/https%3A%2F%2Ftheintercept.imgix.net%2Fwp-uploads%2Fsites%2F1%2F2021%2F02%2FGettyImages-106594761-security-migrants-pushback.jpg%3Fauto%3Dcompress%252Cformat%26q%3D90%26w%3D1024%26h%3D659\" alt=\"A member of a Frontex Rapid Border Intervention Team patrols near the Greek-Turkish border in Orestiada, Greece, on Nov. 6, 2010.\" \/><figcaption>A member of a Frontex Rapid Border Intervention Team patrols near the Greek-Turkish border in Orestiada, Greece, on Nov. 6, 2010.<\/figcaption><\/figure>\n<\/div>\n<div>\n<p>Last March, European Commission President Ursula von der Leyen referred to the Greek border as \u201cour European shield.\u201d Turkey has also become something of a shield to Europe,\u00a0<a id=\"reader.external-link.num-12\" href=\"https:\/\/www.nytimes.com\/2020\/02\/26\/world\/middleeast\/syria-idlib-refugees.html\" target=\"_blank\" rel=\"noopener noreferrer\">blocking<\/a>\u00a0hundreds of thousands of Syrian refugees last year. Not only has the Turkish \u201cshield\u201d consigned fleeing Syrians to persecution and death,\u00a0<a id=\"reader.external-link.num-13\" href=\"https:\/\/www.atlanticcouncil.org\/blogs\/syriasource\/syrians-at-the-turkish-border-humiliation-torture-and-death\/#:~:text=The%20Syrian%20Observatory%20for%20Human,over%20the%20age%20of%20eighteen.\" target=\"_blank\" rel=\"noopener noreferrer\">Turkish border guards have directly killed hundreds<\/a>.<\/p>\n<p>Estimates of the number of migrants who die while trying to cross borders are always complicated to nail down. It\u2019s even harder to count the disappeared. In just a five-year span between 2014 and 2018, the\u00a0<a id=\"reader.external-link.num-14\" href=\"https:\/\/apnews.com\/article\/e509e15f8b074b1d984f97502eab6a25\" target=\"_blank\" rel=\"noopener noreferrer\">Associated Press<\/a>\u00a0counted 56,800 migrants who had died or been disappeared worldwide.<\/p>\n<p>Valentina Azarova, a legal advisor for GLAN and one of Fady\u2019s attorneys, described the Evros-Meri\u00e7 border region between Turkey and Greece as \u201ca death trap\u201d for migrants, explaining that it epitomized the \u201cweaponization of the border.\u201d M\u00e9decins Sans Fronti\u00e8res\u00a0<a id=\"reader.external-link.num-15\" href=\"https:\/\/www.msf.org\/greek-eu-leaders%E2%80%99-demonising-migration-policies-place-people-more-danger\" target=\"_blank\" rel=\"noopener noreferrer\">called<\/a>\u00a0EU-supported Greek aggression against asylum-seekers \u201csome of the most restrictive and punitive measures against people seeking protection in the world.\u201d Given these deliberately imposed dangers of the Evros-Meri\u00e7 border, the illegal deportation and the repeated pushbacks, Fady\u2019s attorneys saw that a novel legal framework was necessary to capture the horrors he suffered as well as state culpability. While historically enforced disappearances have been understood to be committed by authoritarian regimes, GLAN attorneys argue that border violence itself has acquired \u201ca fundamentally authoritarian aspect.\u201d<\/p>\n<\/div>\n<div id=\"RIL_IMG_6\" class=\"RIL_IMG\">\n<figure><img decoding=\"async\" src=\"https:\/\/pocket-image-cache.com\/\/filters:no_upscale():format(jpg):extract_cover()\/https%3A%2F%2Ftheintercept.imgix.net%2Fwp-uploads%2Fsites%2F1%2F2021%2F02%2F20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_112.jpg%3Fauto%3Dcompress%252Cformat%26q%3D90%26w%3D1024%26h%3D681\" alt=\"Fady walks in his neighborhood on Feb. 21, 2021.\" \/><figcaption>Fady walks in his neighborhood on Feb. 21, 2021.<\/figcaption><\/figure>\n<\/div>\n<div>\n<p>E<u>nforced disappearance is<\/u>\u00a0a legal term of art that consists of three elements. First, it is a deprivation of liberty; second, the act that deprives liberty is carried out by state authorities or those authorized by the state; and lastly, the act is followed by a refusal to acknowledge the fact or concealing the fate or whereabouts of the disappeared. The definition comes from Article 2 of the International Convention for the Protection of all Persons from Enforced Disappearance and Article 2 of the Inter-American Convention on Forced Disappearance of Persons.<\/p>\n<p>Traditionally, such enforced disappearances referred to acts of violent dictatorial repression. Legal scholars, though, have begun to argue \u2014 and in Fady\u2019s case, are taking up the argument in court \u2014 that the definition of enforced disappearance applies to a host of strategies by certain states to halt migrants at international borders. In the migration context, arbitrary detention and the stripping of the protection of the law, as well as denying access to asylum procedures, are also key elements in understanding the notion of enforced disappearance.<\/p>\n<p>As Azarova explained, in Fady\u2019s case, the \u201cblack-ops and clandestine nature of the violations,\u201d lack of paper trail, and concealment of facts, as well as the denial of justice and the breakdown in the rule of law, cumulated into an enforced disappearance. Ayten G\u00fcndo\u011fdu, an associate professor of political science at Barnard College who has studied enforced disappearances, came to the same conclusion: \u201cWhen I read this case, it seems like a straightforward case of disappearance.\u201d<\/p>\n<p>Pushbacks are not isolated to Europe. In the late 1980s and \u201990s, tens of thousands of Haitians were pushed back as they sought asylum in the United States \u2014 a practice\u00a0<a id=\"reader.external-link.num-16\" href=\"https:\/\/www.oyez.org\/cases\/1992\/92-344\" target=\"_blank\" rel=\"noopener noreferrer\">blessed<\/a>\u00a0by the U.S. Supreme Court in 1993. Many of the pushbacked Haitians were temporarily detained in Guant\u00e1namo Bay. Australia has been\u00a0<a id=\"reader.external-link.num-17\" href=\"https:\/\/www.humanrightsatsea.org\/wp-content\/uploads\/2015\/05\/20140910-HRAS-Case-Study-The-Push-Back-Situation-in-Australia-NF.pdf\" target=\"_blank\" rel=\"noopener noreferrer\">turning boats of asylum-seekers away<\/a>\u00a0for years, and\u00a0<a id=\"reader.external-link.num-18\" href=\"https:\/\/www.hrw.org\/news\/2017\/09\/22\/thailand-needs-stop-inhumane-navy-push-backs\" target=\"_blank\" rel=\"noopener noreferrer\">Thailand pushes back Rohingya refugees<\/a>. In Europe, many of the people summarily expelled from Italy end up in\u00a0<a id=\"reader.external-link.num-19\" href=\"https:\/\/www.amnesty.org\/en\/latest\/news\/2020\/09\/libya-new-evidence-shows-refugees-and-migrants-trapped-in-horrific-cycle-of-abuses\/\" target=\"_blank\" rel=\"noopener noreferrer\">dangerous detention centers<\/a>\u00a0\u2014 or\u00a0<a id=\"reader.external-link.num-20\" href=\"https:\/\/www.npr.org\/sections\/parallels\/2018\/03\/21\/595497429\/migrants-passing-through-libya-could-end-up-being-sold-as-slaves\" target=\"_blank\" rel=\"noopener noreferrer\">even in slavery<\/a>\u00a0\u2014 in Libya.<\/p>\n<\/div>\n<div id=\"RIL_IMG_7\" class=\"RIL_IMG\">\n<figure><img decoding=\"async\" src=\"https:\/\/pocket-image-cache.com\/\/filters:no_upscale():format(jpg):extract_cover()\/https%3A%2F%2Ftheintercept.imgix.net%2Fwp-uploads%2Fsites%2F1%2F2021%2F02%2F20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_065.jpg%3Fauto%3Dcompress%252Cformat%26q%3D90\" alt=\"Road markings\u00a0are seen in Fady\u2019s neighborhood in Nuremberg, Germany, on Feb. 21, 2021.\" \/><figcaption>Road markings\u00a0are seen in Fady\u2019s neighborhood in Nuremberg, Germany, on Feb. 21, 2021.<\/figcaption><\/figure>\n<\/div>\n<div>\n<p>T<u>hough the United<\/u>\u00a0States is not a signatory to either convention establishing the definition of enforced disappearances, the emergence of the legal label to address border and migration abuses is shining a new light on former President Donald Trump\u2019s harsh immigration enforcement policies. Some scholars and activist groups claim that the Department of Homeland Security is\u00a0<a id=\"reader.external-link.num-21\" href=\"http:\/\/www.thedisappearedreport.org\/\" target=\"_blank\" rel=\"noopener noreferrer\">disappearing<\/a>\u00a0migrants at the U.S.-Mexico borderlands. In just the last year of Trump\u2019s rule, more than 300,000 migrants and asylum-seekers were summarily expelled from the United States, often into dangerous northern Mexican border towns where they face kidnapping, robbery, rape, death, and sometimes disappearance.<\/p>\n<p>The Migrant Protection Protocols, or \u201cRemain in Mexico\u201d program, a Trump-era policy that forces asylum-seekers to wait out the proceedings of their cases in Mexico, pushed around 70,000 asylum-seekers outside U.S. jurisdiction, subjecting them to what can amount to bare existence in ramshackle refugee camps. (The Biden administration suspended new enrollments into the program.)<\/p>\n<\/div>\n<div>\n<p>Trump\u2019s family separation policy has garnered the most attention for the application of the enforced disappearance label. Alonso Gurmendi, an assistant professor at Universidad del Pac\u00edfico in Lima, Peru, who specializes in international humanitarian law, said that enforced disappearances occur not only when the government deliberately conceals the fate of a disappeared person, but also when they\u00a0<a id=\"reader.external-link.num-22\" href=\"http:\/\/opiniojuris.org\/2019\/06\/24\/on-calling-things-what-they-are-family-separation-and-enforced-disappearance-of-children\/\" target=\"_blank\" rel=\"noopener noreferrer\">lose track of them through \u201crefusal or incapacity\u201d to locate them<\/a>, such as what happened with\u00a0<a id=\"reader.external-link.num-23\" href=\"https:\/\/www.nbcnews.com\/politics\/immigration\/lawyers-have-found-parents-105-separated-migrant-children-past-month-n1258791\" target=\"_blank\" rel=\"noopener noreferrer\">at least 506 children<\/a>\u00a0still separated from their parents.<\/p>\n<p>\u201cThe Trump administration\u2019s family separation policy violated several international human rights norms and U.S. treaty obligations,\u201d Jamil Dakwar, director of the American Civil Liberties Union\u2019s Human Rights Program, told The Intercept. The zero-tolerance policy under which the children were separated, Dakwar added, and \u201cespecially the failure to fully acknowledge the fate or whereabouts of migrant kids, coupled with the failure to reunite families, may have also contributed to cases of enforced disappearances as defined under international law.\u201d<\/p>\n<p>Other experts have also\u00a0<a id=\"reader.external-link.num-24\" href=\"http:\/\/opiniojuris.org\/2020\/11\/24\/the-united-states-obligations-regarding-separated-migrant-children\/\" target=\"_blank\" rel=\"noopener noreferrer\">expounded<\/a>\u00a0on the broader application of the term: \u201cThe family separation policy,\u201d wrote Gra\u017cyna Baranowska, a Polish expert on enforced disappearances, \u201cmeets all the elements of enforced disappearance.\u201d Baranowska also noted that family members are considered victims of enforced disappearance, not only the direct victims: \u201cEnforced disappearances are chosen as a means of violence precisely because they affect not only the disappeared person. The perpetrators are aware that such a disappearance has a devastating effect on the family members of the disappeared, who are purposely kept in ignorance of the fate of their loved ones and suffer the anguish of uncertainty.\u201d<\/p>\n<\/div>\n<div id=\"RIL_IMG_8\" class=\"RIL_IMG\">\n<figure><img decoding=\"async\" src=\"https:\/\/pocket-image-cache.com\/\/filters:no_upscale():format(jpg):extract_cover()\/https%3A%2F%2Ftheintercept-static.imgix.net%2Fusq%2Fa63574ec-2dd0-4b7e-a0d1-b859af1d0d38%2Fa63574ec-2dd0-4b7e-a0d1-b859af1d0d38.jpeg%3Fauto%3Dcompress%2Cformat%26cs%3Dsrgb%26dpr%3D2%26h%3D440%26w%3D440%26fit%3Dcrop%26crop%3Dfaces%252Cedges%26_%3D12aa0643be50ca23e2b8e774157192d1\" alt=\"\" \/><\/figure>\n<\/div>\n<div>\n<p>The family separation policy was implemented precisely for that reason: not to punish the children \u2014 though that certainly was an effect \u2014 but to deliver consequences to the parents. As the architects of the policy have\u00a0<a id=\"reader.external-link.num-25\" href=\"https:\/\/www.nytimes.com\/2021\/01\/14\/us\/politics\/trump-family-separation.html\" target=\"_blank\" rel=\"noopener noreferrer\">repeatedly stated<\/a>, the policy\u2019s aim was to\u00a0<a id=\"reader.external-link.num-26\" href=\"https:\/\/www.youtube.com\/watch?v=luvswjOAyPg\" target=\"_blank\" rel=\"noopener noreferrer\">deter<\/a>\u00a0parents, and all migrants, from trying to seek refuge in the United States. \u201cBorder violence,\u201d said Mann, the GLAN legal adviser, \u201coften amounts to a systematic attack against families.\u201d<\/p>\n<p>One of the hopes Fady\u2019s attorneys have for his lawsuit is that a ruling from the U.N. Human Rights Committee could end the \u201cdenial charade,\u201d as Azarova put it, that Greek officials are still engaged in: denying that they conduct pushbacks and disappearances.\u00a0<a id=\"reader.external-link.num-27\" href=\"https:\/\/www.ohchr.org\/en\/hrbodies\/ced\/pages\/conventionced.aspx\" target=\"_blank\" rel=\"noopener noreferrer\">Article 18<\/a>\u00a0of the enforced disappearance convention stipulates informational remedies \u2014 ordering authorities to name the culpable authorities and enumerate time, place, and location of the disappearance \u2014 to families of people who have gone missing. Mann said, \u201cFraming these losses as enforced disappearance will help families get a measure of closure.\u201d<\/p>\n<p>G\u00fcndo\u011fdu, the Barnard expert on enforced disappearances, said that any kind of restitution is going to fall short for Fady, but it is not unimportant. \u201cNone of the legal remedies will be sufficient to address what Fady went through,\u201d she said. While the complaint to the Human Rights Committee asks for redress for specific pecuniary damages \u2014 13,227.63 euros, a total that includes 150 euros in cash stolen by commandos and 119.62 euros for heart medication \u2014 it also implies an admission of wrongdoing on behalf of the state. I asked Fady what recompense he sought for his suffering. His answer was simple: \u201cFinding my brother.\u201d<\/p>\n<\/div>\n<div id=\"RIL_IMG_9\" class=\"RIL_IMG\">\n<figure><img decoding=\"async\" src=\"https:\/\/pocket-image-cache.com\/\/filters:no_upscale():format(jpg):extract_cover()\/https%3A%2F%2Ftheintercept.imgix.net%2Fwp-uploads%2Fsites%2F1%2F2021%2F02%2F20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_162.jpg%3Fauto%3Dcompress%252Cformat%26q%3D90\" alt=\"Fady shows the scars left by cigarettes on his left forearm in Nuremberg, Germany, on Feb. 21, 2021.\u00a0After Fady\u00a0was caught smoking by the Islamic State when he lived in Syria,\u00a0fighters\u00a0burned all the cigarettes left in the pack on his arm as punishment.\" \/><figcaption>Fady shows the scars left by cigarettes on his left forearm in Nuremberg, Germany, on Feb. 21, 2021.\u00a0After Fady\u00a0was caught smoking by the Islamic State when he lived in Syria,\u00a0fighters\u00a0burned all the cigarettes left in the pack on his arm as punishment.<\/figcaption><\/figure>\n<\/div>\n<div>\n<p>W<u>hat Fady\u2019s lawyers<\/u>\u00a0are describing as a disappearance to international authorities began with an undisputed one: that of his brother. Fady originally fled Syria after the Islamic State took over his native city, Deir al-Zour,\u00a0<a id=\"reader.external-link.num-28\" href=\"https:\/\/cadmus.eui.eu\/bitstream\/handle\/1814\/52824\/RPR_2018_02_Eng.pdf?sequence=4&amp;isAllowed=y\" target=\"_blank\" rel=\"noopener noreferrer\">one of the first Syrian cities to fall<\/a>\u00a0to the extremist militant group that seized control of a swath of the Middle East. Fady described laws imposed by the Islamic State as \u201cvery strict and weird.\u201d They completely outlawed smoking, for instance, and one day, Fady was caught smoking by fighters inside one of the gas stations his family owned; they burned his left forearm multiple times with cigarettes. He sent me a photograph of about a dozen concentric burn scars, still clearly visible more than six years later.<\/p>\n<p>Fady had been married only two months at that point, in early 2015, but he decided that if he stayed in Syria, he would be forcibly conscripted or killed. \u201cThe situation on the ground was very, very bad,\u201d Fady said. \u201cOur lives became meaningless.\u201d He escaped by foot to avoid blockades and, a few days after he had crossed the border into Turkey, called his family to tell them he had left. A week later, his older brother followed.<\/p>\n<p>As things deteriorated in 2016, Fady pressed his family to send his 11-year-old brother Mhamad toward Europe. The Islamic State had been recruiting young men and forcing them to fight. \u201cI made the decision for my brother to leave,\u201d Fady told me. Through a network of guides and smugglers, Mhamad fled Syria, crossed Turkey, and on November 22, 2016, made it to the bus station in Didymoteicho. It was Mhamad\u2019s last known sighting. Six days later, having flown from Munich, Germany, to search for Mhamad, Fady was accosted by the Greek police.<\/p>\n<\/div>\n<div id=\"RIL_IMG_10\" class=\"RIL_IMG\">\n<figure><img decoding=\"async\" src=\"https:\/\/pocket-image-cache.com\/\/filters:no_upscale():format(jpg):extract_cover()\/https%3A%2F%2Ftheintercept.imgix.net%2Fwp-uploads%2Fsites%2F1%2F2021%2F02%2F20210221_TheIntercept_Fady-Syrian-Refugee_SLOCK_188.jpg%3Fauto%3Dcompress%252Cformat%26q%3D90%26w%3D1024%26h%3D681\" alt=\"Fady looks at a picture of his missing brother on his cell phone in Nuremberg, Germany, on Feb. 21, 2021. In the photo, the only one he has, Mhamad is nine years old.\" \/><figcaption>Fady looks at a picture of his missing brother on his cell phone in Nuremberg, Germany, on Feb. 21, 2021. In the photo, the only one he has, Mhamad is nine years old.<\/figcaption><\/figure>\n<\/div>\n<div>\n<p>That was the first of Fady\u2019s 1,266 days of being stripped of his identity, his liberty, and his security \u2014 of being disappeared. \u201cIt was a horror movie, to be honest,\u201d Fady told me. \u201cIt is hard to express or talk about it. I was constantly filled with horror and fear.\u201d Self-harm became a focus: \u201cI tried to cut myself or get on some roof or something and throw myself off.\u201d The whole time, on top of the physical pain and unending anguish, he still worried about his younger brother. \u201cI know nothing about him,\u201d he said. \u201cI was always thinking about him. I still am.\u201d<\/p>\n<p>In early January, Fady\u2019s wife made it to Germany after a four-month ordeal of her own, which included two pushbacks from Greece, multiple robberies, threats, and leering from border guards, as well as detention, desperation, and constant stress. They hadn\u2019t seen each other in over five years. Though he is relieved that she\u2019s safe, Fady said, his family is still suffering. That\u2019s what a disappearance does: It persists, resists closure. It\u2019s a crime that, according to one scholar, \u201c<a id=\"reader.external-link.num-29\" href=\"https:\/\/voelkerrechtsblog.org\/unlocatable-violence\/\" target=\"_blank\" rel=\"noopener noreferrer\">multiplies the horrors of violence<\/a>.\u201d In Argentina, the mothers of children who were disappeared by the military dictatorship in the late 1970s, almost a half a century later, are\u00a0<a id=\"reader.external-link.num-30\" href=\"https:\/\/abuelas.org.ar\/idiomas\/english\/history.htm\" target=\"_blank\" rel=\"noopener noreferrer\">still looking for their children<\/a>.<\/p>\n<p>\u201cIt is something that feels like an unending disaster,\u201d Fady said of his brother\u2019s disappearance. \u201cI made the decision for my brother to leave,\u201d he said, noting that he had urged his family to send his brother into his care in Europe. \u201cI told them to send him out of the country and \u2014\u201d Fady sighed, struggling to finish his sentence.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"<p>The Intercept, originally published on February 28 2021. By John Washington. &nbsp; Fady roamed the\u00a0bus depot in Didymoteicho, Greece, in November 2016, holding up his phone to waiting strangers, showing them a photo of his [&hellip;]<\/p>\n","protected":false},"author":19,"featured_media":11174,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[90,85,11,88,1,10],"tags":[604,1130,807],"class_list":["post-11173","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-editor-selection","category-human-rights","category-issues","category-slider","category-uncategorized","category-world","tag-human-rights","tag-migrants","tag-refugees-in-europe","country-europe","country-world"],"acf":[],"_links":{"self":[{"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/posts\/11173","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/users\/19"}],"replies":[{"embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/comments?post=11173"}],"version-history":[{"count":3,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/posts\/11173\/revisions"}],"predecessor-version":[{"id":11177,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/posts\/11173\/revisions\/11177"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/media\/11174"}],"wp:attachment":[{"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/media?parent=11173"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/categories?post=11173"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/openasia.org\/en\/wp-json\/wp\/v2\/tags?post=11173"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}