"In the wake of the developments in Syria and the fall of the Assad regime, several Council of Europe member states have suspended the processing of asylum claims of Syrians and announced plans to forcibly return Syrians currently under their protection. These developments raise urgent questions about whether states are acting in accordance with international refugee and human rights obligations, particularly the principle of non-refoulement", said today the Council of Europe Commissioner for Human Rights, Michael O'Flaherty. "Under the principle of non-refoulement, no individual should be sent back to a situation where they face a real risk of harm. On this basis, the rapidly changing conditions on the ground in Syria demand careful, evidence-based decisions.
As UNHCR clarifies, revocation of refugee status under the 1951 Refugee Convention requires fundamental and durable changes in the country of origin. This principle should also be observed for recipients of other forms of protection, including subsidiary protection under EU law. Moreover, the withdrawal of protection should not affect those who have compelling reasons stemming from past persecution that make return impossible.
Under the European Convention on Human Rights and the case law of the European Court of Human Rights, no member state may return an individual to a place where they face a real risk to their life or a threat of torture, inhuman, or degrading treatment. States must also consider how return might affect family and private life, especially for Syrians who have resided in host countries for extended periods. Any decision must be accompanied by effective judicial remedies.
Before taking steps that could lead to returns, member states must carefully consider the rapidly changing and complex situation on the ground. Decisions should be evidence-based and should not be made hastily. Any change in the protection status of Syrians should be made only after a thorough assessment of continuing human rights risks for specific groups and individuals. States must ensure that if they choose to withdraw protection and proceed with returns, the necessary safeguards remain firmly in place.
For Syrians who wish to return to their country of origin, member states should ensure that they enable them to do so in a well-informed and truly voluntary manner. Assistance and freedom from any undue legal or material pressure to take this step are essential to that end.
Those whose claims for asylum remain unprocessed or suspended should not be left in indefinite limbo. As long as this situation persists, they should have access to adequate reception conditions and documentation. The eventual assessment of their claims must ensure a fair, individualised procedure rather than relying on general assumptions that Syria is now 'safe'.
Lastly, if the evolving situation in Syria prompts people to flee the country, member states should guarantee genuine and effective access to asylum procedures, protect them from refoulement, and avoid collective expulsions.
I will continue to closely follow this rapidly evolving situation, while calling on Council of Europe member states to assiduously respect applicable international law and good practice."
