In order to deter, Greece sentences those seeking protection to long prison terms – covered by the Commission, which refuses to intervene and does not declare itself competent. For example, Hanad Abdi Mohammad was sentenced to a total of 142 years' imprisonment for taking the wheel of a boat and saved 31 people in the process. With other Members, I have asked whether the EU Commission will ensure that Greece complies with international law and will intervene here. This question was not answered by the Commission, white means that the Commission does not intend to do anything.

My complete question on the situation in Greece and the Commission's reply can be found here. here:

My request

Subject: Criminalisation of migrants in Greece

On June 25, 2021, the New York Times published an article titled "He Saved 31 People at Sea. Then Got a 142-Year Prison Sentence." It describes how Hanad Abdi Mohammad took the helm of a boat carrying 33 people who were trying to get to Greece from Turkey and made it to safety. He was then sentenced to 142 years imprisonment for people smuggling, of which he has to serve 20 years, the maximum sentence allowed under the Greek penal code.

The newspaper article points out that asylum seekers who take the wheel after smugglers have left a boat are increasingly being found guilty and sentenced by a court for the purpose of deterrence and intimidation. The non-governmental organisation Border Monitoring has identified at least 48 cases of this kind in Chios and Lesvos alone. Add to this the criminalisation of irregular entry in 2020, when dozens of migrants were sentenced to prison terms at the Greek-Turkish land border instead of being taken to reception centres to establish their identity. Guilty verdicts against refugees as smugglers violate EU asylum rules, according to which refugees are granted the right to apply for asylum.

How will the Commission ensure that Greece complies with EU and international law in such cases?

Answer given by Ylva Johansson on behalf of the European Commission on 18.10.2021:

The facilitation of unauthorised entry, transit and residence is covered by the Smuggling Directive.[1]. Under the Treaties, it is the national authorities, not the Commission, that are responsible for investigating and prosecuting cases of people smuggling.

In the Commission Guidelines on the implementation of the Smuggling Directive[2] clarify that Member States may waive sanctions if the purpose of the activity is to provide humanitarian assistance. Furthermore, the guidelines clarify that legally required humanitarian assistance should never be criminalised. The Commission will continue to be in close contact with Member States' authorities to gather information on the implementation of the smuggling package and, where appropriate, to launch infringement procedures in case of breaches of EU law.[3] It will also report on the implementation of the smuggling package, including the above-mentioned guidelines, in the context of the implementation of the new EU Anti-Smuggling Action Plan (2021-2025).

The Asylum Procedures Directive[4] provides that Member States may not detain a person solely because he or she has applied for international protection. Detained persons should be informed of the possibility to apply for international protection. Furthermore, Member States must provide detainees with timely access to the asylum procedure in accordance with Article18 of the Charter of Fundamental Rights of the European Union.

---

^{[1] Directive2002/90/EC (OJ L328, 5.12.2002, p.17).}

^{[2] C(2020)6470 of 23 September 2020.}

^{[3] Communication from the Commission "EU law: better outcomes through better implementation" (C(2016)8600, OJ C18, 19.1.2017, p.10).}

^{[4] Directive2013/32/EU (OJ L180, 29.6.2013, p.60).}

Due to the current developments in Afghanistan, by mid-October 2021, in addition to the „News from the Borders“ has prepared a daily press review on the most important events in the country itself, but also on the people who are trying to flee from there.

10/14/2021: I talk to T-Online and Watson about the Kabul airlift and the current situation in Afghanistan +++ Commemoration is no substitute for coming to terms with the past +++ A gay man tells of threats from the Taliban

• In an interview with T-Online I said that it was right to thank the soldiers of the Bundeswehr for their deployment. But I also warn against forgetting the vulnerable people in Afghanistan now that the mission is over.

• I was allowed to talk to Watson about ithow we are currently working on the Kabul airlift, and why the international community must become more involved in Afghanistan and not repeat its old mistakes.  

• The Bundestag and the Federal Government have paid tribute to the Bundeswehr's mission in Afghanistan. But remembrance cannot replace reappraisalcomments Kai Küstner from the ARD capital studio. 

• With the Taliban coming to power, the LGBTQ community in Afghanistan is living in fear. A 25-year-old gay man from Afghanistan explains that the Taliban openly threaten to throw gay men off tall buildings. You can watch the 80-second video at RND.

• In the summer, a Berlin film team filmed singers in Kabul – before the Taliban took power. From tomorrow you can watch on Youtube the virtual music festival "Female Voices of Afghanistan" listen.
  Reported here "titles theses temperaments" about the festival.

13.10.2021: Great taps in Berlin +++ Bremen:in demand country admission +++ EU wants to support Afghanistan with one billion € 

• The Bundeswehr's mission in Afghanistan is being honored today in Berlin. Around 160,000 soldiers have been deployed in Afghanistan over the past 20 years.

• The Bremen Senate rejects a state admission programme for people from Afghanistan. In a petition, more than 4300 citizens of Bremen demand a change of this position.

• The EU announced at the G-20 summit, she would support Afghanistan with one billion euros. Merkel reiterated that Germany would provide 600 million euros to support the people of Afghanistan. It was stressed that the money is not a form of recognition of the Taliban.

• The EU wants to help Afghans in their home region with a financial package. The human rights organisation „Pro Asyl“ on the other hand demands that Germany accepts more protection seekers – and facilitates entries.

12.10.2021: Alliance of researchers calls for more threatened Afghan women to be admitted +++ G20 special summit +++ Joe Biden's interpreter manages to escape 

• An alliance of women's and gender researchers appeals to the Federal Foreign Officeto take in more Afghan women under threat in Germany. It is to be feared that the massive oppression of women from the former Taliban rule will be repeated, the open letter sent to the Foreign Office on Monday says.

• At a special virtual summit today, the G20 countries plan to address the crisis in Afghanistan. This involves aid efforts for the civilian population and humanitarian corridors for refugees to reach Italy safely.

• Joe Biden's former interpreter, Aman Chalili, managed to escape from Afghanistan by land – after a desperate call for help. In 2008, he was part of a small strike force that rescued Biden and his companions after their helicopter was forced to make an emergency landing in remote territory because of a snowstorm. Chalili's family had tried in vain to flee Kabul on an evacuation flight after the Taliban took power.

• The economy has collapsed, every third person suffers from hunger and many people are on the run. Now, energy expert Alias Wardak explains.that the power supply, and thus the infrastructure, could also collapse (paywall). 

11.10.2021: Art project aims to help Afghan family reach Europe +++ Former local forces live in fear of Taliban +++ Private airline banned from flying to Pakistan 

• The collective Peng! wants to hack Fortress Europe. In Portugal, you can get a residence permit if you promise to invest enough money. Now artists are selling their works online for cryptocurrency and trying to raise enough money to bring an Afghan family into the EU. Here you can find the homepage and the artwork. The Frankfurter Rundschau reports about the action.

• Masoud Azami was a local worker in Afghanistan. He has been hiding in Kabul for weeks, afraid for himself and his children.  The taz tells his story.

• Pakistan has apparently asked the private Afghan airline Kam Air to suspend its flights to Pakistan for the time being. Kam Air said yesterday that their flights have been suspended for the past two days, adding that they are currently still awaiting notification from Pakistan. 

• Numerous people have been killed in an attack in Kunduz province. A report with the background can be found at tagesschau.de.

• Despite great dangers, women in Afghanistan do not want to give up their dream of an equal life. How women insist on their rights, t-online has written down here.

08.10.2021: Bamf exerts pressure on Afghans to be put in a worse position +++ Female judges go into hiding +++ 200 local staff are flown out 

• Afghan local workers and their families are admitted to Germany via section 22 of the Residence Act. Apparently, however, the Bamf is putting pressure on the people to apply for asylum anyway, which would leave them in a worse position. A video was leaked to Pro-Asyl, you'll find it here.

• They have been working as judges in Afghanistan for the last few years, and today they are being persecuted by the Taliban because of it. Today they have to go into hiding and fear revenge killings.

• Yesterday afternoon, another charter flight took off with former local forces from Afghanistan. On board were around 200 people who are now to be brought to Germany. 

• In view of the scheduled review process, the opposition has criticized Defense Minister Kramp-Karrenbauer's plans. Read more about the background on n-tv.

• The economy in Afghanistan is facing a serious crisis. Triggered by the Taliban takeover, cash is already scarce and gasoline is hard to come by. Many people are threatened with hunger and poverty. 

7.10.2021: Kabul airlift evacuates 13 people +++ 300 people could be flown out of Kabul by charter flight +++ Resettlement Forum in Brussels 

• Yesterday, the Kabul air bridge was able to pick up eleven German citizens and two people with German residence permits from #Afghanistan evacuate to Pakistan, including 9 children. They were brought to Islamabad with a chartered plane and will be flown on to Frankfurt from there. 

I also report regularly on Kabul airlift on Twitter 

The Kabul air bridge was able today to pick up 11 German nationals and two people with German residence permits from #Afghanistan to Pakistan, including nine children. It's crazy that we have to do this, but I'm happy for them that it worked out.

— Erik Marquardt (@ErikMarquardt) October 6, 2021

• Today the High Level EU Resettlement Forum on Afghanistan took place in Brussels. At the invitation of Commissioner Ylva Johansson, decision-makers from the European Union are meeting to discuss admissions from Afghanistan. Amnesty International has made clear demands to the conference, you can find them here.

• Under the rule of the Taliban, the mood in the capital Kabul has also changed drastically. What it feels like to live in the city is described by the former deputy director of the news channel TOLONews. You can find the article in Newsweek (English).

6.10.2021: Taliban murder members of the Hazara minority +++ Taliban want to issue passports again +++ Humanitarian cash payments are not yet recognition of the Taliban

• The Taliban have given a Report of the human rights organization Amnesty International The Taliban have committed a war crime in the killing of 13 members of the Hazara minority. In the Afghan province of Daikundi, nine security forces of the deposed Afghan government were executed without trial by Taliban fighters, despite having surrendered. 

• There are still many people stuck in Afghanistan who want to leave the country. The Taliban now want to issue passports again – but applications from women in particular present them with problems. 

• International law expert Matthias Hartwig explains, that talks with the Taliban and humanitarian payments to Afghanistan do not yet mean that the new rulers will also be recognised as the government. 

• Britain sends special envoy to Afghanistan for talks. While the Taliban see it as an approach to diplomatic relations, the British stress: The meeting does not mean recognition of the Islamists.

5.10.2021: Taliban summon former local forces to court and threaten them +++ Interior Ministry continues to delay taking in vulnerable people +++ German Afghanistan mission cost €17.3 billion 

• In Afghanistan, there are now open threats against former aid workers of Western states. The sponsorship network Afghan Local Forces is alarmed. Its chairman Marcus Grotian complains that the borders remain closed.

• In an open letter, NGOs had asked the Ministry of the Interior for help for threatened Afghans. The response: a collection of text modules. The Ministry of the Interior, led by Seehofer, is obviously not very interested in saving people. taz reports.  

• According to the Federal Government, the total expenditure for the deployment of German soldiers and development workers amounts to more than 17.3 billion euros.. By far the largest item was the military. 

• More than two months after the end of the airlift from Kabul there are still more than 9000 Afghans on US army bases in Germany.. They are housed in Ramstein and in a US Army facility in Kaiserslautern. 

4.10.2021: Local forces threatened with homelessness in Germany +++ Attack in front of mosque in Kabul +++ Kramp-Karrenbauer receives rejection from almost all parliamentary groups

• The Bamf is accused of urging local Afghan workers to apply for asylum, although they can also obtain a residence permit. The second offers the possibility to work directly, not to be accommodated in collective accommodation and to apply for a permanent settlement permit after five years. The local workers are now even threatened with homelessness. 

• At least five people have been killed in an explosion outside a mosque in Kabul, according to the Taliban. A mourning ceremony for the mother of a high-ranking Taliban official was held in the place of worship. According to other reports, at least 12 people were killed and more than 32 injured in the attack.

• The federal government has completely failed to evacuate local forces. Defence Minister Kramp-Karrenbauer now wanted to deal with this quickly in a conference. Several parliamentary groups in the Bundestag, including the Greens, have rejected this. We want the new Bundestag to be constituted first and then the open questions to be dealt with intensively. 

• The police station in police district number 10, in Kabul. „This police station was financed with public money from the Federal Republic of Germany“, is written in German in capital letters on a sign. However, the Taliban police officers here cannot say anything more about this, the station was built about 18 years ago, when most of them were still children. tagesschau.de was on patrol with the Taliban police.

• In a remote mountainous region, the Taliban's rule has dramatic consequences: The most powerful ethnic group, the Pashtuns, are taking homes from their Shiite neighbors. It could be a harbinger of ethnic cleansing. Der Spiegel was on the scene (paywall).

10/1/2021: Taliban break up protest of six women with warning shots +++ Greek government closes off to Afghans +++ Taliban abolish press freedom 

• The Taliban violently broke up a rally for women's rights. Six activists had demanded the return of girls to secondary schools in front of a school in Kabul. The Taliban broke up the rally with gunfire. 

• Greek government keeps out protection seekers from Afghanistan and other countries - with legal tricks, deterrence, undignified conditions and serious human rights violations.

• The Taliban are abolishing freedom of the press. At a meeting with journalists in Kabul in late September, the Taliban's Ministry of Information and Culture distributed media regulations whose provisions are so broad and vague that they effectively ban any critical reporting on the Taliban.

• In Herat, the Taliban have arrested the young journalist Morteza Samadi. He was reporting on a demonstration. Now he could even face the death penalty for it. 

30.09.2021: German authorities delay family reunification +++ G20 countries plan special gig +++ German Foreign Office now to evacuate local forces via Pakistan 

• German authorities delay and prevent according to research by Panorama the right to family reunification of refugees. In this country alone, according to the Foreign Office, more than 4000 people from Afghanistan have been on the waiting list for an appointment for up to two years in order to be able to submit their documents at all. Because of the filibustering, they are now under Taliban rule. 

• The G20 group of countries is planning a special summit on Afghanistan on October 12. The meeting is expected to be attended by the world's 20 major industrialized nations, as well as Qatar, the International Monetary Fund (IMF), the World Bank and the United Nations. 

• The current federal government wants according to SPIEGEL information now wants to get another 200 people per week out of the country via Pakistan. The Foreign Office is trying to sell this as a success after abandoning thousands of local forces and their families when the Taliban overran the country. 

• Three months ago, the first local forces of the Bundeswehr came from Afghanistan to Lower Franconia. Endangered by the Taliban takeover, 93 of these people have since been able to find shelter here. BR 24 visited them and asked how they are doing now.

• The pictures from Kabul have been gloomy since the Taliban came to power, even if something like everyday life is back. Life in Afghanistan is changing.Zeit Online has put together 16 current photos from Afghanistan that you can look at. watch here can

09/29/2021Taliban rule increasingly Islamist and misogynistic +++ DW journalist arrives in Germany +++ Luxembourg grants protection status to almost all Afghan asylum seekers 

• Women are no longer allowed to attend university in Kabul and men in Helmand are no longer allowed to shave. The supposedly "moderate course" promised by the Taliban was obviously a strategic lie. 

• After a difficult flight from the Taliban, a group of Afghan Deutsche Welle correspondents and their families have arrived safely in Germany from Pakistan. 

• The right-wing populist ADR raised the question in the Luxembourg parliament how many Afghans receive a protection status in Luxembourg. The response shows that 450 people from Afghanistan have been granted protection since 2015 and fewer than ten applications have been rejected. Among the refusals, however, were also those who were then able to stay in Luxembourg due to family reunification.  

• Sima Samar set up the Ministry of Women's Affairs in Afghanistan 20 years ago. The Taliban are now abolishing it. In Der Spiegel, Samar writes about what this means for the country. 

• For some Afghan business owners, flight is out of the question because they don't want to leave their female employees alone with the Taliban. The taz reports.

Sep 28, 2021: Kabul airlift continues to work to save people +++ Ghani distances himself from pro-Taliban Facebook post +++ International court does not investigate US soldiers 

• In the Kabul Airlift, we continue to work to evacuate vulnerable people from Afghanistan to Germany. Theresa Breuer tells in an Insta video how we helped several Afghans in Pakistan to get a visa. The people themselves also have their say. 

• Afghanistan's ousted president Ashraf Ghani fled the Taliban in a hurry. On Facebook, he now campaigned for recognition of the Islamists. Hackers are allegedly responsible for the post.

• The International Criminal Court in The Hague is not to investigate possible war crimes by US soldiers in Afghanistan after all. The new chief prosecutor of the tribunal said that the investigations must focus on acts of the Taliban and the IS. Khan's predecessor Bensouda from Gambia had still pushed through the possibility of investigations also against American soldiers and was therefore temporarily sanctioned by Washington. 

• After the end of the Bundeswehr's 20-year mission in Afghanistan participating soldiers are to be honoured on 13 October with a Great Taps in front of the Reichstag building in Berlin.

27.09.2021: Taliban call for resumption of international flights in Kabul +++ Washington Post analyzes why security force buildup failed +++ The last Jew leaves Kabul 

• The Taliban have called on international airlines to resume flights at Kabul airport. After solving technical problems, this was again „fully operational“, announced a spokesman for the Foreign Ministry. All commercial flights to the country had been suspended after the Islamists took power. 

• Building Afghanistan's national security forces has been one of the most ambitious and expensive projects in the two decades that NATO has been active in Afghanistan. The Washington Post analyzes why this project failed and the country fell to the Taliban with almost no military resistance. 

• For decades, Zebulon Simentov has resisted all upheavals as one of the last Jews of Kabul. Now the fear of the "Islamic State", which competes with the Taliban, has driven him away. Emran Feroz spoke to him for Der Spiegel (paywall). If you want to know more about Afghanistan, you can also visit Emran Feroz on Twitter follow.

• The "Islamic Emirate of Afghanistan", which the Taliban proclaimed once again, was never abolished from their point of view. And the Taliban had never completely lost support among the population either. In this 19-minute feature, the Deutschlandfunk attempts to to explain where the support for the Taliban in parts of the population comes from

• Since 2001, Saxon authorities have deported 75 Afghan citizens.. The deportees were now threatened with persecution by the Taliban, who regarded them as traitors.

09/24/2021: Taliban want to reintroduce executions and hand amputations +++ German Foreign Office continues not to communicate with relatives of people left behind in Afghanistan +++ Hunger in refugee camps

• A founding member of the Taliban has now announced in an interview, there would again be executions and hand amputations as punishment. However, the Taliban would still be developing strategies on how to carry it out and would probably not carry it out in stadiums as they used to. 

• Two children in Germany continue to wait for their mother to finally be allowed to leave the country. But so far they have only received automated answers from the Foreign Office. WDR reports.

• Many people in Afghanistan have fled the fighting inside the country. Near Masar-i-Sharif there is an underground refugee camp – in catastrophic condition. The tagesschau took a look at the conditions there

• Since the Taliban took power, female athletes in Afghanistan have been living in fear. According to a report by the BBC, around 30 female volleyball players are hiding from the new powers that be.

23.09.2021: "Cologne Declaration" criticizes EU refugees +++ 30 documented cases of pushbacks on Balkan route in August +++ Mounted U.S. Border Patrol agents chase refugees from Haiti

• Even if you don't hear much about it in public: We are continuing to evacuate from Afghanistan with the Kabul Airlift, now also by land. I will also keep you up to date on this on Twitter.

• The green member of the Bundestag Margarete Bause writes in an Guest article for the Frankfurter Rundschauthat one in three people in Afghanistan is starving and that the country urgently needs help. Furthermore, the EU and Germany also have an obligation to show solidarity and must not shirk their responsibility to continue taking in refugees.

• Also the Refugee Council in Lower Saxony calls on the state government to accept more people from Afghanistan. At the same time, the Refugee Council demanded a reliable perspective for Afghans living in Lower Saxony. For many of them, the takeover of power by the Taliban means that a return to Afghanistan is impossible for the foreseeable future.

• Fawzia Saidzada has been fighting for women's rights in Afghanistan for years. Now her enemies are in power. Her place of residence is being watched, one of her brothers has already been beaten up. The Süddeutsche Zeitung visited them in Kabul.

• Kosovo was one of the first countries to agree to take in evacuees from Afghanistan. Most of them want to continue on to the USA and are to remain in the country until their visa affairs are settled. Now, however, a great many of them are de facto interned and are not allowed to move freely. 

22.09.2021: Taliban push for UN recognition +++ Taliban still not accepting women into interim government +++ Desperation of local forces left behind grows

• The new Afghan rulers want to participate in the general debate of the UN General Assembly, according to a letter. Afghanistan's current UN ambassador is to be replaced. For the Taliban, having their own representation at the UN would not only be a big step towards international recognition, it could also pave the way for access to international aid for the country. 

• Following criticism of the composition of their interim government in Afghanistan, the Taliban have named a number of additional cabinet members. Among them are several members of ethnic minorities and non-Taliban, but still no women. 

• With growing desperation, many are stuck in Kabul: Thousands of Afghans are still waiting to be able to come to Germany. They are holding out – and fear the Taliban. ZDF Heute tells the story of the local power left behind, Tawfiq Bashardost.

• After 20 years of the "war on terror", the Taliban have retaken power in Afghanistan. In his book, Emran Feroz draws "The Longest War" with deep insights into the country's culture and history, traces the chronology of a catastrophe and explains why NATO failed on the ground. Deutschlandfunk Kultur presents the book https://www.deutschlandfunkkultur.de/emran-feroz-der-laengste-krieg-20-jahre-war-on-terror.1270.de.html?dram:article_id=502912

21.09.2021: Man deported to Afghanistan killed +++ Federal government continues to delay rescue and doesn't even know how many local forces need rescuing +++ Study proves: Taliban have not become more "moderate" 

• The Polish government confirms the death of three fugitives on the border with Belarus. During her state visit to Warsaw Angela Merkel expressed no criticism of Poland but instead stressed the relevance of "border protection", that is believed to have caused the deaths of several people here. 

• The Polish government does not see itself as jointly responsible for the deaths on its borders, and President Mateusz Morawiecki instead described the fugitives as an "organised assault". The right-wing populist Morawiecki has now ordered the deployment of 500 soldiers to the external border. 

• Millions of people who have lived in Germany for a long time will not be allowed to vote next Sunday. In the taz, some of them write what this means to them. 

• The Geo Barents rescued 54 people from distress at sea. As the MSF ship approached, some cried out, "Our suffering in Libya is finally over." If you want to stay up to date, follow MSF Sea af Twitter.

• A new closed mass camp has opened on the Greek island of Samos. Strict surveillance and walls ensure that people cannot leave the camp at any time – like in a prison.

20.09.2021: Taliban exclude girls from higher education +++ Journalist:s ask international community for help +++ Rescue of local forces continues to be delayed

• The Taliban have excluded girls and women from secondary schools. A statement on the upcoming start of school stresses that only male teachers and students should return to secondary school classes. Time Online reports.

• Through the organization „Reporters Without Borders“ (RSF), more than 100 Afghan journalists have anonymously sent an urgent appeal for help to the international community. In their appeal titled „Journalism in Afghanistan is in danger of extinction“ they express fears that journalism and media pluralism are in danger of disappearing completely from the country.

• Many local forces are still not safe after the Taliban took power. Also a man who apparently worked for years with the BND is on the run – and so far hopes in vain for rescue.

• The US military has admitted to killing only civilians in a drone strike in Kabul. The target had no contact with the Islamic State terrorist militia. 

• As under the ousted previous government, Afghanistan is dependent on foreign aid under the Taliban. A spokesman for the Islamists at the former Bundeswehr base in Kunduz is now appealing to „the entire international community, including Germany“.

17.09.2021: Dissent podcast on Kabul airlift +++ EU Parliament calls for rapid resumption of evacuations from Afghanistan +++ Annalena Baerbock calls for consistent halt to deportations to Afghanistan

• On the Dissent podcast, I talked about the Kabul airlift, Afghanistan, and the failure of the federal government. You can listen to the hour-long conversation here.

• We MEPs have voted by a large majority in favour of resuming evacuations from Afghanistan as soon as possible. Deutschlandfunk reports. You can read the text adopted by Parliament read here.

• Annalena Baerbock spoke out yesterday in favour of a consistent stop to deportations to Afghanistan. She said: "The deportations to Afghanistan must be stopped and suspended. People who live here cannot be in the uncertainty [...] that they fear that at some point they will have to go to a country where the Taliban are in the government. That's why I'm in favour of a consistent ban on deportations; You can watch the whole ZDF show Klartext here.

• In the Netherlands, the Minister of Foreign Affairs Sigrid Kaag resignedbecause the government failed to evacuate its local forces. In Germany, no one at this level has been willing to take the consequences for the failure of the federal government to evacuate. 

• Due to several cases of measles, the US government is not allowing people flown out of Afghanistan to enter the country at Ramstein for the time being. Medical personnel at the Ramstein base have now begun vaccinating thousands. Spiegel Online reports.

16.09.2021: Afghan banks run out of money +++ EU Commission provides additional €100 million for Afghanistan +++ People report how their evacuation is delayed and prevented

• Since the Taliban seized power in Afghanistan, long queues have regularly formed outside banks. People are trying to get their hands on their savings, but cash is running low. 

• EU Commission President Ursula von der Leyen (CDU) has announced an additional 100 million euros for humanitarian aid in Afghanistan. At the same time, the Commission wants to facilitate deportations of Afghans to third countries. The EU Commission is trying to buy its way out of its responsibility with a relatively small sum of money.

• For two weeks, a thousand people have been stuck in the northern Afghan city of Mazar-i-Sharif, although several planes are waiting for them to leave. They are failing due to bureaucracy - while the fear of the Taliban is growing. Der Spiegel spoke to one of them (paywall).

• For seven years, Wahid was on duty for the German Armed Forces and was considered one of the best translators. Now he fears for his life and won't leave his house. Although he was already at the airport, they just didn't want to save him. Spiegel TV visited him and shot this 5-minute film with him.

• Disguised in burqas, Afghan women footballers from the national U teams smuggle themselves into Pakistan at the risk of their lives. Other plans were previously foiled by a bomb explosion. Sports lessons for women and girls have already been banned by the Taliban in Afghanistan. ntv reports on their escape.

15.09.2021: German government continues to delay the rescue of people +++ Thousands demonstrate against the Taliban in Kandahar +++ EU foreign policy chief wants to talk to the Taliban 

• I spoke to T-Online about the Kabul airlift. And also about how the German government made false promises and dragged out the rescue of people. Six people who were on Foreign Office lists are already dead, several have been kidnapped or have been served death sentences. 

• Due to the slow processing of asylum applications, relatives of Afghans in Germany sometimes wait for years for permission to join them. There are 4173 people on the waiting lists to apply for family reunification. However, in the first half of 2021, Germany issued only 624 visas to Afghan nationals due to family reunification. 

• In Kandahar, thousands of people protested against the Taliban. The crowd had gathered in front of the governor's residence after some 3,000 families were asked to vacate a housing estate.

• The EU's foreign affairs representative Josep Borrel announced in a speech that the EU had no option but to talk to the Talibanif one still wants to influence the situation on the ground. The Commission was also planning to relocate a further 30 000 people from Afghanistan. 

• In the European Commission's draft action plan on the Taliban takeover, it was elaborated that an agreement to facilitate deportations to Afghanistan would be suspended. However, the action plan encourages the continued deportation of Afghans from EU countries to third countries. Statewatch took a closer look at the draft action plan here.

14.09.2021: UN pledges $1.2 billion for Afghanistan +++ Interior Ministry puts 2600 people on its lists +++ Afghan women protest against forced veiling

• At the first UN donor conference after the Taliban came to power in Afghanistan a total of 1.2 billion US dollars has been pledged for humanitarian purposes. The sum includes emergency aid for the suffering population as well as development aid and support for neighbouring countries that are taking in refugees. The Federal Government is contributing the equivalent of 100 million euros to the emergency aid.

• The Federal Ministry of the Interior has started to do so, Issue admission pledges to over 2,600 human rights defenders, cultural workers, academics, journalists and other potentially vulnerable people from Afghanistan.. Unfortunately, the way the Federal Ministry of the Interior has so far delayed the rescue of people, it cannot be assumed that the people can now also be brought to Germany quickly and without red tape.

• Afghan women are protesting the Taliban's compulsion to veil by posting photos of themselves in traditional Afghan dress on social media. CNN has collected some of the photos.

• Sana Safi works as a journalist and received her education in the 1990s thanks to underground schools because the Taliban banned education for girls. In her commentary in the Guardian, she calls on the West not to look the other way again now. 

• The German foreign broadcaster Deutsche Welle (DW) yesterday added two daily radio programmes in Dari and Pashto for listeners in Afghanistan.

13.09.2021: UN warns of economic collapse +++ Universities introduce strict gender segregation +++ Thousands of Afghan refugees wait in Ramstein for onward travel to the USA 

• Since the Taliban took power, Afghanistan's economy has collapsed. Millions of people are fleeing their own country. Especially in the refugee camps, most people do not even have enough food and the effects of the drought are worsening. 13 million people in Afghanistan suffer from malnutrition. 

• According to an announcement by the new Taliban rulers, Afghanistan's universities will in future only offer separate classes for men and women. In addition, women will be required to wear head coverings in the future. It is not yet clear whether only a headscarf will be required or whether the face will also be covered. 

• More than 9,000 Afghan refugees wait at US Air Base Ramstein for their onward flight to the USA. Due to four cases of measles, the US now requires measles vaccinations from the people, which currently delays the onward journey. Apparently also refugees who are on German lists and want to stay in Germany, which is currently actively prevented by the Ministry of the Interior. For more on the Home Office's prevention policy, follow me on Twitter.

• Afghan refugees are housed in Giessen as the British authorities refuse them entry. Therefore, a total of 18 children, 19 women and 20 men from Afghanistan had been temporarily accommodated in the initial reception centre in Gießen.

• A 16-year-old from Berlin wants to get his family out of Afghanistan. But without a recognized refugee status, he, like most other Afghan refugees in Germany, has no right to bring his family here – even though he is a minor. The RBB visited him and describes the situation.

10.09.2021: Six people killed on German evacuation lists +++ Plane takes 110 people from Kabul to Doha +++ Greens call for rescue of Afghan journalists  

• At least six people on German evacuation lists have been executed in Afghanistan. People have been practically prevented from being rescued, although it has been publicly claimed that they should be evacuated. I was talking to Watson about it.

• Ten days after the withdrawal of US troops from Afghanistan, foreigners have been taken out of the country for the first time on board a civilian evacuation flight. The first of about 110 passengers, including US citizens and Germans, left a Kabul-bound Qatar Airways plane in Doha on Thursday. 

• After taking power, the Taliban in Afghanistan have begun to take control of the media as well - and to hunt down Afghan media workers. In an urgent letter, the Green parliamentary group in the Bundestag calls on Chancellor Merkel to act.

On 15 June, together with eleven other Members from three political groups. wrote this letter to inspector Ylva Johanssonin which we call on the Commission to take immediate action against the pushbacks and human rights violations by Croatia at the EU's external border. The letter was prompted by Media reports from Spiegel, ARD, Lifhthouse Reports and Novostiwhich show that even children, pregnant women and people with disabilities are brutally pushed.

This broad Europe-wide network of journalists published new reports of pushbacks by Croatian border guards, in six cases specifically documented with videos. Entire families and vulnerable people are being pushed back across the EU border through the forest. One case involves a pregnant woman in her eighth month with five small children. The six videos show a total of around 65 people, including 20 children, being illegally pushed. Among them even a man with a heart condition and crutches.

In the letter we criticize that the impression is created that the Commission and the Council want to convey to the public that human rights violations are to be prevented, but in practice member states of the European Union can simply do what they want and the Commission looks on.

Commission's reply

In her reply, Ms Johansson writesthat it expects the Croatian authorities to take the reports seriously and investigate them. This is welcome, but in the past such calls have also been largely ignored by the Croatian side and the practice of pushbacks has continued. Ms Johansson draws attention to the fact that Croatia has agreed to a new monitoring mechanism at the border, which will also include the Red Cross and other organisations.

The problem is that the visits of the organizations are announced in advance. This is like the police announcing a day before a house search that they now want to search the house and then being surprised when nothing suspicious is found in the apartment. In this form, the monitoring mechanism is neither independent, nor will it serve its purpose. Despite the obvious human rights violations and the breach of the Schengen Border Code, the Commission is maintaining its recommendation that Croatia be admitted as a member of the Schengen area.

To support the surveillance mechanism, the Commission has pledged €14.4 million to the Croatian Ministry of Interior. The project financed by this grant agreement will last until May 2022 and is expected to further strengthen border surveillance, according to the Commission.

Greece rejects asylum applications from people seeking protection and issues exit orders to Turkey. However, Turkey has not allowed any readmissions for over a year now – people have to leave, but cannot. This leads to a situation „of eternal refugees“ who live in Greece in miserable conditions because they no longer receive benefits.

I asked the EU Commissionwhether this practice is compatible with EU law. In its reply, the Commission statesthat the practice of denying benefits is contrary to European law. Now, at long last, the Greek Government must also comply with the EU directive and, therefore, with applicable law. Unfortunately, however, we currently have a situation both in the camps and at the external borders in which the Greek Government is obviously breaking the law and getting away with it.

You can find my complete question and the Commission's answer here:

My request

Subject: Readmissions between Greece and Turkey

Although Turkey has not allowed readmissions since March 2020, the Greek authorities issue decisions on the voluntary departure of Syrian nationals whose applications have been rejected as inadmissible in a final decision (Turkey is considered a "safe third country" for them). These individuals must leave Greece within 10, 15 or 30 days, although their applications have not been examined on their merits. However, they are not allowed to enter Turkey and cannot return to Syria due to the ongoing conflict. This has led to a situation of "perpetual refugees". At the same time, they no longer have access to material benefits granted under the reception scheme and are exposed to precarious living conditions against the backdrop of a second wave of the COVID-19 pandemic in Greece, which has led to severe exit restrictions.

(1) Is that practice compatible with Article 38(4) of Directive 2013/32/EU?

2. is it compatible with Articles 13 and 3 of the European Convention on Human Rights (ECHR) and Articles 4 and 18 of the Charter of Fundamental Rights of the European Union?

3. whether the expulsion of such persons and their exclusion from material reception conditions is compatible with Article 3 of the ECHR and Article 4 of the Charter of Fundamental Rights of the European Union?

Answer given by Ylva Johansson on behalf of the European Commission on 01.06.2021

The Commission is aware of the increasing number of Syrian nationals on the Greek islands whose asylum applications have been finally rejected by the Greek Asylum Service, following the fact that Turkey has been declared a safe third country under the EU-Turkey Declaration.[1] was declared inadmissible.

Turkey suspended returns from Greece in March2020 in the context of COVID-19 restrictions, and although Greece and the Commission have repeatedly called for returns to resume in accordance with the EU-Turkey Statement, Turkey has not yet complied with this request.

In Article 38(4) of the Asylum Procedures Directive[2] states that 'where the third country does not allow the applicant to enter its territory, Member States must ensure that access to an [asylum] procedure is granted'. In line with this provision, applicants whose application has been declared inadmissible may therefore reapply[3]. When re-examining and deciding on these applications, Greece must take into account the circumstances at the time of the (re-)examination of each application, including with regard to the prospects of return in accordance with the EU-Turkey Statement. In the meantime, applicants shall have access to material reception conditions in accordance with the Charter of Fundamental Rights of the European Union, EU law and national law.[4].

The Commission is in close contact with the Greek authorities on the issue raised by the Honourable Member. The EU remains committed to the full implementation of the EU-Turkey Statement, which is the main framework for cooperation between the EU and Turkey on migration issues. This partnership is based on mutual trust and action, which requires commitment and continuous efforts from all sides.

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_{[1] See https://www.consilium.europa.eu/de/press/press-releases/2016/03/18/eu-turkey-statement/}

_{[2] See Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection. (OJ L180, 29.6.2013, p.60).}

_{[3] See Joined Cases C-924/19PPU and C-925/19PPU, paragraph175ff.}

_{[4] See Directive2013/33/EU.}

Together with other MEPs, I put the following questions to the EU Commission, which answered them on 14.04.2021:

Subject: Alleged involvement of Frontex in illegal refoulement of asylum seekers

On 23 October 2020, Der Spiegel published its investigation entitled "Frontex implicated in illegal pushbacks of refugees". At the LIBE Committee meeting of 6 July 2020, Fabrice Leggeri denied any knowledge of pushbacks by the Greek authorities, except for one incident, which he described as a "misunderstanding". In contrast, however, the article reveals that Frontex officials were aware of at least six incidents in which the Greek authorities had carried out refoulements without helping migrants in distress, and despite the fact that officials were obliged by the Code of Conduct for Frontex Officials to prevent refoulements. This includes an incident that took place on 8 June 2020, in which Frontex vessel MAI 1103 blocked a migrant boat, deliberately created dangerous waves to stop the boat's forward movement, and left the site after Greek authorities had arrived and pushed the boat back.

1. what measures the Commission and Frontex are considering to ensure that the above incidents do not recur?

2. whether the Commission knows whether Fabrice Leggeri was in fact unaware of the above incidents when he appeared before the LIBE Committee?

3. in the light of the above, what view does the Commission take of the political responsibility which Frontex must bear as a result of the incidents?

Answer given by Ylva Johansson on behalf of the European Commission on 14.04.2021:

The Commission takes the allegations of refoulement very seriously. In line with EU law and the EU Charter of Fundamental Rights, the principle of non-refoulement must be upheld in border management.

In order to discuss the allegations, the Commission asked the Management Board of Frontex to hold two ordinary Management Board meetings in November 2020 and January 2021, in addition to two extraordinary Management Board meetings. These were convened on 10 November 2020, 9 December 2020 and 5 March 2021.

At its meeting of 10 November 2020, the Board decided to set up a dedicated working group to conduct further investigations into this matter in accordance with the allocation of responsibilities set out in Regulation (EU)2019/1896.[1] The Commission was represented in this working group and submitted a number of questions to the Executive Director in order to obtain further clarification. Upon invitation, a representative of the European Parliament also participated in the relevant meetings of the Management Board.

The Executive Director of Frontex informed the Commission by letter of 27 October 2020 of the preliminary findings of the internal investigations into the incidents reported in the media. He stressed that Frontex had so far not found any documents or other material to substantiate the allegations of violations of fundamental rights or of the Frontex Code of Conduct by seconded officials. The final report of the working group and the conclusions adopted by the Management Board on 5 March 2021 were published on the Agency's website.[2]

An effective and well-functioning Agency for the management of external borders, which guarantees the protection of fundamental rights in the exercise of its functions, is one of the Commission's priorities. To this end, the Commission will continue to support and advise Frontex to ensure the effective fulfilment of the Agency's mandate.

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_{[1] Regulation(EU)2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard (OJ L295, 14.11.2019, p.1).}

_{[2] https://frontex.europa.eu/media-centre/management-board-updates/conclusions-of-the-management-board-s-meeting-on-5-march-2021-on-the-report-of-its-working-group-on-fundamental-rights-and-legal-operational-aspects-of-operations-in-the-aegean-sea-aFewSI}

In order to be able to exercise my parliamentary control function as a Member of the European Parliament, I have the opportunity to put questions to the European Commission. The Commission must answer these questions.
Together with other Members, I put the following questions to the Commission:

Question with priority for written answer P-004488/2020 to the Commission

Subject: The Commission's efforts to tackle the spread of racism, hatred and incitement on major technology platforms such as Facebook.

Recent reports indicate that Facebook is not effective enough in combating racism, hate, and hate speech [1]. Facebook does not officially recognise itself as a news media company and is therefore not obliged to comply with journalistic standards. Its commitment to combating hate, agitation and racism is therefore voluntary. In addition, Facebook's unwillingness to take action against hate and incitement has led to an advertising boycott by more than 400 brands [2].

1.    How does the Commission ensure that major technology companies such as Facebook adhere to standards that minimise, prevent and reduce the spread of hate and incitement and racist ideologies on their platforms?

2.    What are the findings of the annual monitoring of Facebook in relation to the EU Code of Conduct on Combating Illegal Hate on the Internet and how would the Commission assess the effectiveness of the Code given Facebook's reluctance to tackle hate, hate speech and racism?

3.    How does the Commission intend to effectively monitor, assess and curb the spread of hate, agitation and racism on online platforms such as Facebook?

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[1]     https://www.wsj.com/articles/facebooks-artificial-intelligence-doesnt-eliminate-objectionable-content-report-finds-11594287000

[2]     https://www.cnbc.com/2020/07/01/facebook-frustrates-advertisers-as-boycott-over-hate-speech-kicks-off.html

Answer given by Commissioner Didier Reynders on behalf of the European Commission on 03.11.2020:

To counter the spread of illegal hate online, the Commission agreed in 2016 with a number of IT companies, including Facebook, on an EU Code of Conduct[1]. The code of conduct includes an obligation to review users' reports within 24 hours and, if necessary, to remove the content concerned. It also encourages cooperation with civil society organisations and national authorities.

The Commission regularly monitors the implementation of the Code of Conduct[2]. As the latest ratings show, on average, IT companies review 90% of the messages within 24 hours and remove 71% of the hate content. While Facebook deleted only 28% of such content in2016 , its removal rate has now improved to over 80%.

However, the Code of Conduct has not only brought about progress in eliminating illegal hate comments, but has also fostered synergies between businesses, civil society and Member State authorities. The results achieved with the Code of Conduct will be taken into account in the ongoing reflection on the Digital Services Bill.[3] include. The proposed Digital Services Act aims to harmonise and clarify the roles and responsibilities of online platforms in combating illegal content transmitted through their services, including illegal internet hate speech. These new rules will also adequately protect fundamental rights enshrined in the Charter of Fundamental Rights of the European Union, including freedom of expression online.

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[1] https://ec.europa.eu/info/policies/justice-and-fundamental-rights/combatting-discrimination/racism-and-xenophobia/eu-code-conduct-countering-illegal-hate-speech-online_en

[2] The results of the latest round of assessments were published on 22 June 2020 and are available at https://ec.europa.eu/info/policies/justice-and-fundamental-rights/combatting-discrimination/racism-and-xenophobia/eu-code-conduct-countering-illegal-hate-speech-online_en.

[3] The Digital Services Act was announced in the Commission's Communication on "Shaping Europe's Digital Future", https://ec.europa.eu/info/sites/info/files/communication-shaping-europes-digital-future-feb2020_en_4.pdf