Unlawful surveillance and data-sharing of asylum seekers by the European Border and Coast Guard Agency
front-LEX is requesting the Court of Justice of the European Union (CJEU) to outlaw the European Border and Coast Guard Agency’s (Frontex’s) policy of systematically sharing the geolocation data of refugees in the Central Mediterranean with Libyan militias and human traffickers.
front-LEX state that to prevent asylum seekers fleeing crimes against humanity in Libya from reaching the EU, Frontex systematically and unlawfully transmits the geolocation of refugee boats at high sea to Libyan militias/human traffickers. Through this data-sharing, Frontex facilitates the systematic interception and ‘pulling back’ of refugees to Libya where they are detained and once more subjected to crimes against humanity. front-LEX state that Frontex’s complicity in these ‘pullbacks’ has been well-documented by UN organs, leading human rights organizations, and investigative journalists
Unlawful surveillance and data-sharing of asylum seekers by the European Border and Coast Guard Agency
Organisation Name
front-LEX
Country/Jurisdiction
Court of Justice of the European Union
Grant Amount
EUR 54,918
Current Status
Ongoing
Image credit: Sea-Watch e.V.
Grant type
Litigation Track Support
Description
front-LEX is requesting the Court of Justice of the European Union (CJEU) to outlaw the European Border and Coast Guard Agency’s (Frontex’s) policy of systematically sharing the geolocation data of refugees in the Central Mediterranean with Libyan militias and human traffickers.
front-LEX state that to prevent asylum seekers fleeing crimes against humanity in Libya from reaching the EU, Frontex systematically and unlawfully transmits the geolocation of refugee boats at high sea to Libyan militias/human traffickers. Through this data-sharing, Frontex facilitates the systematic interception and ‘pulling back’ of refugees to Libya where they are detained and once more subjected to crimes against humanity. front-LEX state that Frontex’s complicity in these ‘pullbacks’ has been well-documented by UN organs, leading human rights organizations, and investigative journalists.
On behalf of the plaintiff, X.Y., a refugee trapped in Libya in dire need of international protection, front-LEX seeks a judgement from the CJEU that would order Frontex to partially suspend or terminate its aerial surveillance activities in the Central Mediterranean. front-LEX believe such a judgement would prevent Frontex from digitally disclosing the location of the targeted group to Libyan actors, in accordance with Frontex regulations, the EU Charter of Fundamental Rights, and the Treaty on the Functioning of the European Union. It would terminate the Frontex-facilitated practice of systematic ‘pullbacks’ and end the Agency’s airborne complicity in crimes against humanity committed against people on the move.
The project is supported by the European Network Against Racism (ENAR), who will carry out advocacy around the litigation, and the organisation Refugees in Libya, a leading grassroots NGO working with people seeking to leave Libya to seek asylum in other countries.
"Frontex facilitates the systematic interception and ‘pulling back’ of refugees to Libya where they are detained and once more subjected to crimes against humanity"
Strategic Goals
- To terminate the so-called ‘maritime apartheid’ regime in the Central Mediterranean under which the EU response to situations of distress at sea is racially based, i.e. designed according to the identity and legal status of those at risk of drowning.
- Set a precedent that will not only safeguard the digital rights of people on the move but will also secure their rights to life, physical and mental integrity, liberty, asylum, their right to leave any country, as well as their rights not to be subjected to torture, or expulsion back to the country where they are likely to face persecution.
- In the long term, bring about change in the EU’s migration policies, provide effective legal remedy to victims, and hold those responsible for fundamental rights violations to account.