Sexual Assault

The sexualised element of border violence is often left unaddressed, but sexual assault is widely used on European borders as a means of terror and control, against both men and women.

Often this takes the form of strip searches: Whilst strip searches may be permissible if there is ‘suspicion’ of a crime already committed, there are requirements for the way this must take place which are rarely ever met in the pushback scenario, such as being searched in private by somebody of the same gender, and without the use of so-called ‘unreasonable’ force. Strip-searching someone in public, infront of others, without the use of gloves, and by somebody of a different gender is not lawful.

“She still remained to plead with  him, but the police officer responded, “shut up or else I will please  [rape] you”.”

– Respondent in Bihać

Sexual assault is a gross violation of numerous international human rights laws. Article 3 of the European Convention on Human Rights (ECHR) prohibits inhuman and degrading treatment – including sexual assault. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment also condemns such acts. Sexual violence in these settings is not just a crime against an individual; it is a violation of human dignity and a direct breach of international laws aimed at protecting people.

Power structures are often utilized, and during many instances of border violence the legal authority status which police/border officials have is weaponised unlawfully to sexually assault and harass people. These cases demonstrate the pervasive cruelty of border enforcement regimes and the need to address the impunity of police and border authorities.