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Challenging the systematic criminalization of asylum seekers on human smuggling charges: a young Syrian asylum seeker was cleared of smuggling charges before Rhodes Court, but now faces prison for facilitating illegal entry of migrants.

Summary

On July 7th, Equal Rights Beyond Borders appeared before the Court of Rhodes, representing a young asylum -seeker from Syria who was accused of being a human smuggler and faced a heavy incarceration sentence. Despite the harsh anti-immigration political climate prevailing in Greece, we persuaded the Court to clear the asylum seeker of the smuggling charges, but he is now facing imprisonment for the facilitation of illegal entry, waiting for his appeal hearing.
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Barbed Wire (manfredxy). Our Visual Policy

In recent years, the Greek authorities have been targeting asylum seekers, by accusing an increasing number of them as smugglers for driving the boat that brought them to the Greek shores. They are used as scapegoats for Europe’s failure to implement a cohesive reception and asylum policy and to provide safe passage for access to asylum.

In this context, Greek Courts in border regions are the most unyielding ones, characterized by high incarceration sentences, extensive rejection of mitigation pleas, gross violations of procedural rights, and vocal anti-migrant narratives expressed during the trials by the judicial seat.

Equal Rights Beyond Borders attempts to disrupt this narrative. Τhe status of an asylum seeker is incompatible with that of a smuggler. The criminalization of refugees and asylum seekers violates the Refugee Convention and jeopardizes their access to asylum.

In our client’s case, the Court ruled that steering the boat does not make him a smuggler. However, he still faces an imprisonment sentence for the facilitation of illegal entry, waiting for his appeal hearing.

“Despite the  uplifting result—relatively speaking—we cannot be at ease when a young innocent man remains trapped, waiting for justice to reach him in the inhuman conditions of Greek prisons. We will stay on his side to ensure he receives the legal support he deserves, enjoys his rights and is finally acquitted,” says Christina Balta, who represented the defendant.

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  • Challenging the systematic criminalization of asylum seekers on human smuggling charges: a young Syrian asylum seeker was cleared of smuggling charges before Rhodes Court, but now faces prison for facilitating illegal entry of migrants.

Equal Rights Beyond Borders consists of two separately registered legal entities in Greece and Germany.

Greece
Civil Non-Profit Company (AMKE)
Emm. Mpenaki 69A, 10681 Athens
+30 210 3803067, athens@equal-rights.org

Tax No.: 996887928, Tax Office: D’ Athens
Registry No. (GEMI): 151850501000
NGO Registry No.: ID 3058

Germany
Gemeinnütziger Verein (e.V.)
Zimmerstraße 11, 10969 Berlin
info@equal-rights.org

Amtsgericht Berlin-Charlottenburg
VR 35583 B