Crete: Acquittal for Three Men 'Identified' as Smugglers by Greek Authorities Due to Nationality and Arabic Language. They Risked 205 Years in Prison.
On September 6, 2024, the court in Chania, Crete, acquitted three Egyptian men, S.M., E.A., and B.A., who had faced charges of "facilitating unauthorized entry" and the risk of 205 years in prison each. Greek authorities had singled them out as smugglers solely because their nationality differed from the rest of the passengers on the boat, and they spoke Arabic.
The trial lasted five hours, and, unlike many other cases, sufficient interpretation was provided. Two witnesses testified to the innocence of the men, confirming that they were passengers, not smugglers. S.M. himself stated that all he wanted was a better future, seeking to join family members in Italy, driven by the dire poverty in Egypt. Despite the prosecutor’s suggestion of guilt, the judge ruled for their innocence, finally bringing an end to this ordeal after a year of wrongful detention.
However, while this acquittal is a victory, it is crucial to remember that S.M., E.A., and B.A. were imprisoned for 12 months without having committed any crime. Their release is a massive relief, as our lawyer, Spyridon Pantazis, emphasized: "It is always hopeful when judges do not obey conservative repressive reflexes. After twelve months of unjust and illegal detention, S.M., E.A. and B.A. will taste freedom. Massive relief for them and for their relatives. Today, justice has been served."
This outcome highlights the difference legal representation can make. The majority of people in similar situations does not have access to good and trustworthy lawyers or fair trials. Many migrants are wrongfully imprisoned and face harsh sentences based on arbitrary reasons, such as being the only ones speaking a different language, like Arabic, or simply because they had a phone.
Case Overview
On February 5, 2024, 44 individuals, including 41 people from Pakistan and 3 from Egypt, embarked on a perilous journey from Benghazi, Libya, in a 5-meter boat. Their goal was to reach the European Union, fleeing life-threatening situations. Among the passengers were S.M., E.A., and B.A., who were wrongfully accused of smuggling, most likely due to their nationality and language.
S.M. recounted being detained in a Libyan warehouse for over a month before being forced onto the boat without any navigation skills. The actual person steering the vessel had abandoned them, leaving the terrified passengers to fend for themselves. The prosecution’s claims, based on the assumption that S.M. was helping the captain by looking at maps, were completely unfounded, as he had no knowledge of navigation and no access to maps. The Greek courts also lacked jurisdiction, as the boat was far outside Greek waters, a fact ignored during the initial accusations.
A Broader Context of Injustice
This case is not isolated but part of a larger pattern where migrants are routinely criminalized for their desperate attempts to find safety. Many face lengthy pre-trial detention and severe sentencing under baseless allegations of smuggling. Unlike the Iuventa crew or other high-profile cases, these individuals rarely receive the public support or legal assistance needed to secure a fair defense. Their cases highlight systemic injustices in the treatment of migrants across Europe.
While we celebrate the acquittal of S.M., E.A., and B.A., we must not forget that their year of unjust imprisonment cannot be undone. We, borderline-europe e.V., stand in solidarity with all those accused and imprisoned, and we call on the Greek authorities to end the criminalization of migrants.
