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J.A. arrived on the Greek island of Kastellorizo aboard an inflatable boat which he was forced to steer after he and other asylum seekers were abandoned by smugglers at sea. He was travelling to Greece with his wife and their 13-day-old newborn child who were freezing in the open water. After ensuring everyone’s safe arrival in Greece, J.A. was violently separated from his family: he was arrested, charged with human smuggling and illegal entry, and transferred to Korydallos prison. While awaiting his trial and the chance for justice to prevail, he spent seven months in jail, hoping to be reunited with his family soon.

Equal Rights represented J.A. at his hearing before the competent Court of Rhodes and successfully demonstrated that merely steering the boat does not constitute human smuggling. As a result, J.A. was found innocent. The Court acquitted him of the smuggling charge recognizing the distress situation in which he was found. It also acquitted him of the charge of illegal entry in light of his status as an asylum seeker.

The case of J.A. is not an isolated one. Greek authorities have systematically criminalised attempts to access asylum by prosecuting asylum seekers as human smugglers simply for steering the boats that brought them to Greek shores, while simultaneously — with Europe’s backing — denying them any safe and lawful pathways to protection. 

In this context, justice is regrettably the exception rather than the rule. Most cases suffer from inadequate legal representation due to systemic deficiencies in the state legal aid system. “Equal Rights Beyond Borders is the only NGO with an office and a permanent presence in the Dodecanese islands undertaking criminalisation cases — this in a border region where anti-migrant narratives is dominant and which remains among the least monitored areas for human rights violations. Through our work, we seek to challenge this reality by asserting that the criminalisation of refugees and asylum seekers violates the Refugee Convention and undermines the rule of law in Greece and beyond.”, says Christina Balta, lawyer and coordinator of the Kos office, who represented the defendant.

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Contact: press@equal-rights.org