Austria: European Court of Human Rights denies vital reprieve, allowing man to be deported to Syria

Responding to today’s European Court of Human Rights’ (ECtHR) decision which will allow the Austrian government to deport a man to Syria, Shoura Zehetner-Hashemi, Executive Director of Amnesty International Austria said:

“Today’s decision effectively allows Austria to deport a man to Syria, in spite of UNHCR’s current guidance to halt all forced returns to the country, and despite reports that a man previously deported by Austria to Syria has since disappeared.

“This sets an extremely worrying precedent and should not serve as a green light for Austria’s reckless and premature deportation policy. In all cases the safety of people seeking protection must come first. 

Shoura Zehetner-Hashemi, Executive Director of Amnesty International Austria

“This sets an extremely worrying precedent and should not serve as a green light for Austria’s reckless and premature deportation policy. In all cases the safety of people seeking protection must come first. 

“The situation in Syria remains very unstable with ongoing outbreaks of violence and human rights violations. The Austrian Ministry of Foreign Affairs itself classifies the entire country at the highest threat level. Amnesty International has repeatedly warned that forced returns to Syria violate the principle of non-refoulement and has recently documented unlawful killings and abductions in the country.

“It’s time for the Austrian government to heed its own warnings and follow UNHCR’s advice: halt forced returns to Syria immediately.”

Background

In its decision today, the ECtHR lifted the interim measure that it issued in August 2025, ordering Austrian authorities to halt a planned deportation to Syria.

Under the 1951 Refugee Convention, the UN Convention against Torture, and the European Convention on Human Rights, states are obliged to ensure that no deportations take place to a country where there is a risk of life, or torture, inhuman treatment, or degrading punishment or treatment and other serious human rights violations. The principle of non-refoulement, a cornerstone of international law, explicitly prohibits this. UNHCR continues to oppose all forced returns to Syria. 

On 3 July 2025, the Austrian authorities deported a Syrian man to Syria – reportedly the first such deportation in 15 years. According to reports, he has since disappeared and his whereabouts remains unknown.

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Eswatini: Repatriation of Jamaican national must be followed by justice for all US deportees

Eswatini’s authorities must disclose why Orville Etoria was held in detention without charge for more than two months, Amnesty International said today following his arrival in Jamaica.

Orville Etoria was one of five men who were deported from the United States to Eswatini on 16 July and held in arbitrary detention. A statement released by the Government of Eswatini on Sunday announcing Etoria’s repatriation failed to address the serious human rights violations he faced together with the four other men, who remain arbitrarily detained and without charge in Eswatini.

“The safe arrival of Mr Etoria to Jamaica, cannot be an excuse for silence about what happened to him while he was held without charge and without full and confidential access to lawyers,” said Tigere Chagutah, Amnesty International’s Regional Director for East and Southern Africa.

“Eswatini authorities must account for the legal basis of his detention, ensure access to justice and effective remedies, and immediately clarify the status and whereabouts of the four other men transferred in July.”

Eswatini officials previously indicated that the five men — from Jamaica, Cuba, Laos, Vietnam, and Yemen — deported by the United States would be repatriated to their countries of nationality.

The authorities must now disclose the whereabouts and legal status of the remaining four men and guarantee their human rights, in line with Eswatini’s international human rights obligations under the African Charter on Human and Peoples’ Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to which Eswatini is a state party.

Any facilitation of return by international organizations must meet Assisted Voluntary Return (AVR) standards. This requires documented, informed, and freely given consent, obtained while the person has confidential access to qualified legal counsel and interpreters, free of any coercion or inducement tied to release from detention, with robust data protection and no adverse consequences for declining AVR. AVR cannot be used to legitimize arbitrary detention.

“Return is only acceptable when it is truly voluntary and rights-compliant,” said Tigere Chagutah. “Authorities must guarantee unmonitored family contact and confidential access to lawyers, appropriate medical care, and protection from refoulement for anyone still detained.”

Background

Lawyers representing the five men reported obstacles to confidential legal access and delays to court proceedings. The African Commission on Human and Peoples’ Rights has urged transparency and protection in any migration accords between African Union member states and the United States.

For more details on their case, see here.

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