Lawyer Abdi Yarcu: The EU’s new Asylum and Migration Pact threatens political refugees - EUROPE SAYS
The European Union’s (EU) new Asylum and Migration Pact, introduced with a focus on preventing migration, continues to draw criticism from human rights defenders and legal experts. Political refugees who have. . .
The European Union’s (EU) new Asylum and Migration Pact, introduced with a focus on preventing migration, continues to draw criticism from human rights defenders and legal experts. Political refugees who have sought asylum in Europe after fleeing political repression in Turkey, the war in Kurdish regions, and regime violence are facing a significant risk of rights violations under the new system. Attorney Abdi Yarcu, an expert in migration, asylum, and refugee law in Germany, is known for his legal efforts regarding residence permits, asylum procedures, and deportation cases. Yarcu, who is also a member of the Republican Lawyers’ Association (RAV), spoke to ANF about the practical implications of the new EU Asylum Pact, drawing on his experience in rights-based advocacy. Warning that border procedures and accelerated mechanisms could effectively eliminate refugee rights, Yarcu pointed out that political asylum cases from Turkey are particularly at risk of being crushed within these “fast-track” processes. ‘The greatest risk is the restrictive procedures at the EU’s external borders’What do you see as the greatest danger or risk to human rights in the new EU asylum system?The greatest human rights risk in the new system is that asylum applications will be assessed through much faster and more restrictive procedures at the EU’s external borders. The expansion of border procedures and border detention practices could make access to legal counsel, effective legal remedies, and the right to a comprehensive examination practically impossible for asylum seekers. There is a particularly serious danger for people who have been forced to leave their countries for political reasons. There is a risk that complex and highly individualized stories of persecution and repression will not be adequately presented during these short and rushed procedures. This would directly increase the likelihood of incorrect and unlawful rejection decisions. ‘The cases of opposition members and Kurds must be examined thoroughly’Do you think accelerated procedures could weaken the right to a fair and individual assessment for political refugees from Turkey?Yes, there is certainly such a risk. The cases of political asylum seekers from Turkey often require detailed, multilayered, and highly individualized examination. It is vital that applications from opposition politicians, journalists, human rights defenders, individuals connected to the Kurdish political movement, or those associated with the Gülen movement be assessed in a comprehensive manner. Although these accelerated procedures, transformed into a service-oriented model, do not appear to eliminate the obligation of individual assessment in theory, in practice they are likely to result in applications not being examined in sufficient depth. Yet one of the most fundamental and non-derogable principles of international protection law is that every application must be assessed according to its unique and individual circumstances. ‘Very serious negative consequences will emerge in practice’How could this new system affect the chances of protection for people seeking asylum in Germany from Turkey?The new system does not directly alter the fundamental legal criteria required for refugee status or subsidiary protection. Therefore, the right to protection for individuals facing political persecution in Turkey continues to exist in principle under the law. However, very serious negative consequences are likely to emerge in practice. In particular, obtaining protection may become significantly more difficult due to the acceleration of procedures, the rejection of certain applications at the initial stage (at the border), or the broader and more flexible application of the “safe third country” concept. Nevertheless, Turkish citizens whose political activities and exposure to state repression can be demonstrated with concrete evidence still have a legal chance of obtaining protection. The greatest risk concerns complex cases in which political persecution can only be demonstrated through detailed examination over time and careful legal representation. ‘If rights remain only on paper, violations are inevitable’Do you believe the existing legal safeguards are sufficient to prevent human rights violations during the implementation of the new system?In theory, the current system continues to provide important legal safeguards, such as the right to a personal interview, the right to appeal before a court, the European Convention on Human Rights (ECHR), the Charter of Fundamental Rights of the European Union, and most importantly, the principle of non-refoulement, which forms the backbone of refugee law. However, the mere existence of these safeguards on paper means nothing on its own. For human rights to be effectively protected, asylum seekers must have practical access to legal counsel, sufficient time to present their cases, and effective oversight by independent courts. Therefore, the decisive factor will be how these new rules are implemented in practice. No matter how important legal safeguards may be, the risk of human rights violations and the return of refugees despite clear dangers cannot be considered eliminated unless adequate legal assistance and effective judicial oversight mechanisms are established in practice.