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In our group of 50, seven people were not let in. The people turned away were single people, Palestinians, and married people without a family book. They took some people back. One person was single, and was told you can only come as a family. Others had no documents and were turned away.

Two Syrian men said they had previously been turned away at the border until they were able to bring their mothers with them. The mother of one of these men said, "My son tried twice [to enter Jordan] and was turned away both times. So I came so he could cross as a family. He said, "The Jordanian Army took me to the police security center.

I told them my mother was here. I have her name.

Jordan: Obama Should Press King on Asylum Seeker Pushbacks | Human Rights Watch

The found her and let me in. If I did not have my mother here they would have sent me back. At the border, the Jordan Army at first welcomed us, gave us food and water, proper and friendly. Then they took us to the Mafraq police center. I told them I came with my sister and her husband and my brother, and that my mother is a Jordanian citizen living in Jordan. They said, "Your sister doesn't count as your family because she is married and part of her husband's family, so you and your brother are single men and must go back to Syria.

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We were the only two Palestinians. My mother got to the bus just before the bus was to take us back to the border.

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Forcible Returns of Palestinians from Within Jordan Despite the difficulties of crossing at the border, a relatively small number of Palestinians from Syria 4, as of March 8, according to the UN have managed to enter Jordan. Some of these Palestinians entered at the beginning of the crisis, when Jordan apparently had a more lenient policy. Others have full Jordanian citizenship and crossed into Jordan at the official border crossing. In a few rare instances, Palestinians were admitted because of particularly heavy clashes the border at the time they were crossing, because they were wounded, or because a Palestinian woman was the wife of a Syrian husband with Syrian children.

However, once in Jordan, the few Palestinians from Syria who managed to enter live in fear of being sent back to Syria. These cases raise concerns that Jordan is engaged in a broader practice of forced returns from within its borders to Syria, where returnees face a real risk of serious harm or persecution, a violation of both the customary international law principle of nonrefoulement and Jordan's treaty obligations.

One known case of refoulement is the forced return of Mahmoud Murjan and his wife and children on September Murjan was a Palestinian man whom the guards at Cyber City also regarded as a troublemaker. There is controversy about whether he was forced to sign a voluntary repatriation form and whether he continued to insist that he did not want to return as he was being expelled. One interviewee said that he had spoken to Murjan on the phone as he was being returned, and that Murjan said that he did not want to return and that the authorities who took him to the border threatened to shoot him if he did not continue walking back into Syria.

Murjan was killed in his home in Syria 20 days later, on October 15, after armed men came into his house, shot him in the leg in the presence of his wife and children, and pulled him into a car. Later that day, his body, showing marks of torture, was dumped on the street in front of his father's house. Another Palestinian woman from Cyber City was forcibly returned to Syria on the same day as Murjan and his family. She was assigned to the same room in the detention facility as two Syrian women.

One interviewee reported that the three women ran into trouble with the camp authorities. Police requested [to see] them at midnight and verbally abused them and decided [the Palestinian] one was crazy so sent her to a treatment center for crazy people.

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According to accounts of refoulement from within Jordan, Jordanian authorities returned some Palestinian refugees to dangerous situations in the immediate border area to which they were being returned:. They cocked a weapon and forced [name withheld] across. The Syrian Army launched mortars at them. A sniper shot at him and he fell down and broke his leg.

They are now IDPs internally displaced refugees because their home is burned down. The Jordan Army also took all their documents and did not give them back. Another case of refoulement was the forced return of a man whose name and Jordanian nationality number are recorded by Human Rights Watch but concealed here to protect him. He went to renew his identity documents and was sent to General Intelligence in Amman, where he was blindfolded, handcuffed, and sent to the General Security prison in Jerash. Three days later, he returned to the Jordanian border and attempted to enter again. He was taken to Military Intelligence, where he was interrogated all night and made to stand the whole time.

The interrogator was very hostile. I will avenge his death. The area to which he was returned was "a dangerous area" and shortly after he was forced back a mortar shell hit close to him, according to a source who has stayed in contact with him. He was last known to be in Syria. These reports call into question statements from the Jordanian Interior Ministry that people only return voluntarily. One person described a family member's forcible return to Syria:. Coerced returns where there is a real risk of serious abuse violate the principle of nonrefoulement.

Anyone alleging such a risk is entitled to individualized determinations of their case. Statements collected by Human Rights Watch and the Harvard Clinic underscore that some Palestinians have fled after having been arrested and tortured and that others are fleeing from shelling and bombardment of their homes and violent clashes in and around their cities and villages:. I was injured in my leg.

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For the Syrian regime, everyone who was injured was therefore a protester. I was arrested for three months by security. Every two to three hours a soldier would come in to beat or yell and shout at us. Our legs would swell up from so much beating, our toenails would fall off. I was transferred to a military hospital after several weeks. On the bed [in the hospital] your legs are tied up and you're blindfolded, you don't know who is hitting you. We had to move to another place. Then, three months later the shabiha [pro-government gangs] attacked.

I was a civilian forced to carry arms to defend our dignity. The first time I was shot, I was hit with two bullets in the hip. I was taken to the Homs hospital, but the shabiha came to the hospital and arrested everyone who was injured. I was hung from the ceiling by a chain, the shabeh torture. I can't remember how long, I was disoriented. Five times, they applied electric shocks on my injury.

Now it is all black around the bullet holes [he shows scars]. Under torture, I said what they told me to say. I said I was shot by terrorists. I bribed my way out. Then the mortar bombs started; they would hit the roof but the people inside were OK. But then the rockets were launched, and they exploded inside the houses; many families died inside their homes. I decided to leave for the sake of my children and because we didn't have shelter; we decided to come to Jordan.

My son has shrapnel in his leg; my daughter has shrapnel in her arm. They executed people on our street. Ahmad al Kawa, about 37, a Palestinian refugee from Mahata, was stripped and executed. His body stayed on the street for two days. Anyone who would go to retrieve it would be shot by a sniper. Also, executed on our street were Ahmad Hallafi, about 25, Ahmad Abu Hamdi, about 24, and Ahmad Muhawesh, late 30s, who was shot trying to run from his house at the end of October. In our neighborhood, we buried people in our backyards. We escaped to Yarmouk [camp in Damascus].

Jordan's International Legal Obligations Nonrefoulement in refugee law is the customary international law principle that a state cannot return a refugee or asylum seeker to a country where there is a risk that his or her life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion.

As such, the fundamental principles of refugee protection apply equally to those who have not yet been formally recognized as to recognizedrefugees. Although not a party to the Refugee Convention or its Protocol, Jordan is nevertheless bound by customary international law not to return refugees to a place where their lives or freedom would be threatened. In its October meeting, UNHCR's ExCom issued Conclusion 99 , which calls on states to ensure "full respect for the fundamental principle of nonrefoulement, including non-rejection at frontiers without access to fair and effective procedures for determining status and protection needs.

Such measures are currently lacking at the border for arrivals from Syria in Jordan, and the massive numbers arriving make individualized refugee status determinations unfeasible for the time being.

Jordan: Obama Should Press King on Asylum Seeker Pushbacks

In situations of large-scale influx, asylum seekers should be admitted to the State in which they first seek refuge and if that State is unable to admit them on a durable basis, it should always admit them at least on a temporary basis They should be admitted without any discrimination as to race, religion, political opinion, nationality, country of origin or physical incapacity.

The practical consequence of the application of the principle of nonrefoulement at the border requires Jordan to allow asylum seekers who are part of a mass influx fleeing widespread human rights abuses and generalized violence to enter the country, at least temporarily, to ensure that no one is returned to persecution. In addition to its customary international law obligations, Jordan is a party to the Convention Against Torture , the International Covenant on Civil and Political Rights , and the Convention on the Rights of the Child , all of which contain nonrefoulement obligations, where there is a real risk that returning an individual would lead to a violation of a fundamental human rights such as torture, or cruel, inhuman, or degrading treatment.

Moreover, the government of Jordan has repeatedly agreed to uphold its obligation not to return asylum seekers. When Jordan presented its candidacy to the UN Human Rights Council on April 20, , it formally provided the United Nations with its pledges and commitments to promote and protect human rights. It said:. Over the last decades, the country has given shelter and protection to many waves of refugees; Jordan, as a long-standing host country, reiterates its commitment to fulfilling its obligations in accordance with the principles of international refugee law including those which are peremptory as well as international human rights law.

Jordan reiterated this commitment in March before the United Nations Committee on the Elimination of Racial Discrimination , where the Jordanian delegate is reported as saying that "although his country was not a signatory to the Convention relating to the Status of Refugees, it had always recognized and upheld the peremptory norms of international refugee law, notably the principle of non-refoulement.

For refugees, the most fundamental of these norms is the principle of nonrefoulement.

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