Border Violence - Complaints and Litigation: A Practitioner's Guide

People on the move face not only increasingly dangerous journeys, but being subjected to severe human rights violations at the borders too.

Borders are not human rights-free zones. But reports from international bodies, NGOs, civil society and migrants themselves are increasingly documenting widespread abuses at or in relation to EU borders.

For those who experience this violence, justice is rarely within reach. Legal remedies can be inaccessible, ineffective, or unreasonably prolonged. This is compounded by the systemic barriers faced by people on the move that include a lack of legal representation, language constraints, and the precarious nature of their circumstances.

Legal practitioners can and do play a critical role as human rights defenders to challenge impunity, demand accountability, and secure justice for survivors of border violence.  

That’s why we’ve created Border Violence – Complaints and Litigation: A Practitioner’s Guide.

This guide is designed to serve as a resource for legal professionals to advocate individually and collectively for those who have experienced border violence.  

It has two objectives:  

• Equip practitioners with the legal and procedural tools to identify and navigate international and regional complaints mechanisms, bridging the accountability gap and facilitating access to justice  

• Outline the broad range of possible routes for complaint, to foster strategic thinking and encourage alternative or concurrent approaches

The guide is split into two core sections addressing available routes of complaint at the International and then European level.  

Both sections then contain a breakdown of complaint mechanisms available; an overview and analysis of each of these mechanisms; and then provision of detailed resources that address the key concepts and definitions relevant to drafting complaints.  

Lastly the guide provides a detailed 3 stage screening and triage tool designed to be used when working directly with survivors of border violence.  

Feedback on this guide, including how to expand or improve it are hugely welcomed, along with any other opportunities for collaboration. Please get in touch with RLS Legal Director, Isaac, at isaac.shaffer@refugeelegalsupport.org  

Access the guide here.

Access guidance on how to use the screening forms here.

‍