Europe’s top human rights official, Michael O’Flaherty, has raised concerns over evidence of asylum seekers being forcibly expelled at EU borders. He urged mainstream politicians not to give in to populist rhetoric on migration. As the Council of Europe’s commissioner for human rights since 2024, O’Flaherty spoke with the Guardian about his worries regarding the treatment of asylum seekers at the EU’s external borders, particularly in Poland and Greece. He warned against excessive security measures that could harm migrants and asylum seekers.
O’Flaherty testified before the European Court of Human Rights about cases involving asylum seekers against Poland and Latvia. A group of 32 Afghan nationals, who fled after the Taliban took control, claim they were forced back to Belarus by Polish border guards in 2021, denying them asylum opportunities. Another group of 26 Kurdish Iraqi nationals alleges they were pushed back by Latvian authorities to Belarus that same year, where they were left stranded for weeks.
Poland, Latvia, and other Baltic nations have been grappling with increased irregular border crossings since 2020, allegedly orchestrated by Belarusian leader Alexander Lukashenko, who aims to destabilize the EU. While O’Flaherty condemned Belarus’s actions, he criticized the excessive security measures of neighboring countries, stating that denying asylum and pushing people back to risk of harm violates international law. He emphasized that such measures were unnecessary, given the modest number of migrants crossing the borders, with only about 17,000 irregular crossings in 2024, according to Frontex.
Despite warnings from human rights organizations, Finland shut all border crossing points with Russia in 2023 after intelligence suggested Russian agents were assisting migrants in entering the EU. Poland is also considering suspending the right to asylum, while Prime Minister Donald Tusk has framed migration as a threat to Western civilization.
O’Flaherty also addressed the harmful language used by EU leaders, such as "hybrid warfare" and the "weaponisation of migrants," which can unfairly equate asylum seekers with Belarus’s actions. He confirmed there is substantial evidence of pushbacks at the Polish border and “summary returns” at Greece’s borders with Turkey. He also discussed the deadly Adriana shipwreck of June 2023, in which over 700 people drowned, and criticized Greek authorities for failing to provide adequate rescue resources.
O’Flaherty highlighted the growing hardline stance in Europe, including Italy’s deal with Albania and the UK’s canceled Rwanda deal. He emphasized that any external centers for processing asylum claims must uphold human rights standards, such as the right to seek asylum, fair reception conditions, no child detention, and the protection of people from being returned to countries where they face persecution.
O’Flaherty, who has a long career in human rights, described this as one of the most difficult times for human rights protection, with increasing repudiation of human rights by some leaders. He noted that centrist politicians have also started to ignore human rights obligations, especially regarding asylum. He warned that this shift is troubling, quoting Irish poet W.B. Yeats: “When the centre cannot hold, things fall apart.” He urged moderate political leaders to defend human rights and resist giving in to populist rhetoric or allowing neighboring states to manipulate migration issues.
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