Exploring the non-refoulement principle in the ECtHR jurisprudence: syrians under temporary protection in Türkiye as a case study

Abstract

This research explores the applications of the non-refoulment principle under the European Court of Human Rights (ECtHR) jurisprudence. We have analyzed the trending and complex debate to argue whether it is legally possible for Türkiye to initiate repatriation processes for Syrians under Temporary Protection (SuTPs). Indeed, the World’s leading refugee hosting country, Türkiye, has implemented several ways to ensure a safe and secure return of SuTPs. Concomitantly, the increasing numbers of SuTPs who vacate Syria during holidays accelerated the narratives for their permanent return. Although the jus cogens norm of non-refoulment cannot be breached, it is still a concern by host countries to determine when it is legal to repatriate refugees after extensive hosting periods. In this research, we explore that there are nuances to the implementation of the non-refoulment principle in the ECtHR jurisprudence. International cooperation and convincing the international community are essential elements for triggering the repatriation programs. Hence, Türkiye should cooperate with other countries to establish a safe zone and to acknowledge the international community for the safety of returnees to eliminate the accusations of breaching the non-refoulment principle.