The case concerns an unaccompanied minor who was criminally charged with allegedly transporting 128 asylum seekers from Libya to Crete as the vessel’s captain, as well as illegal entry into the country. Despite the fact that from the very first moment of his arrest he stated that he was a minor, the port authorities registered him as an adult. A flawed age assessment that did not take special procedural guarantees into account was conducted.

Prior to the hearing of the case, and while already represented by Equal Rights, the minor managed to obtain a birth certificate from his country of origin, officially certified and translated into Greek. The document was submitted before the court through his legal representative, with a request to recognize his minority and refer the case to the competent Juvenile Court.

Following his arrest and statement before the investigating authorities, he was effectively detained at the Malakasa Camp, where he was registered as an unaccompanied minor. None of the competent authorities that came into direct contact with him — including the Asylum Service, the Reception and Identification Service, the General Secretariat for Vulnerable Persons and Institutional Protection, and the guardianship body — disputed his minority.

The decision ensures that Ahmed’s case will be heard by a Juvenile Court, which is specifically designed to handle cases involving children. While this outcome may appear self-evident, the proceedings were prolonged. The court initially expressed doubts regarding the evidentiary value of the birth certificate, and the defense had to repeatedly argue for recognition of Ahmed’s age.

Finally, despite the fact that the court recognized the defendant’s minority, it maintained the restrictive measure of his permanent residence at the Malakasa RIC instead of ordering his transfer to accommodation suitable for unaccompanied minors,. Equal Rights will now reapply before the now competent chamber, once again requesting the modification of the restrictive measure.

Ahmed’s case is one of the many cases involving unaccompanied minors who are arrested and prosecuted by the authorities as adults. In many instances, children fleeing conflict are unable to provide identity documents, making age verification extremely difficult. As a result, current age-assessment practices often fail to adequately protect children’s rights. As a result, applying JMD 147627/2025 in criminal proceedings could be an important first step toward a more reliable and complete assessment of a defendant’s age whenever there is doubt about whether they are a minor. However, until now, investigative and judicial authorities have consistently refused to apply it. However, until now, investigative and judicial authorities have consistently refused to apply it.

“The wrong criminal prosecution of minors as adults is a common phenomenon . Ahmed will now face trial before the competent body. We are confident to proof his innocence there”, says Ioanna Pavlou, Ahmed’s lawyer in the case.

‘’This case reflects a systemic failure to identify and protect children within criminal proceedings. The referral of his case to the competent Juvenile Court is an important step toward restoring legality and safeguarding his rights, but he should never have been placed in this position in the first place.” says  Christina Svana, lawyer representing Ahmed before the Court of Appeal for Felonies of Chania on 8 June 2026.

*The name has been altered for the protection of the minor’s identity.

***

Contact: press@equal-rights.org