Omar arrived in Crete in November 2025 via the Libya route and was accused of being the “boat driver”. He was prosecuted for migrant smuggling and illegal entry into the country and was placed in de facto pre-trial detention at the Malakasa Reception and Identification Centre (RIC).
Following legal actions undertaken by Equal Rights Beyond Borders, Omar was transferred to a shelter for unaccompanied minors in April 2026.
On 24 June 2026, despite the Prosecutor’s proposal on conviction for all charges, the Court found Omar not guilty for smuggling, recognising the lack of evidence supporting the accusation. This acquittal spared him from an extremely severe sentence, similar to those imposed in comparable cases.
However, the Court found him guilty of illegal entry and imposed reformative measures, taking into account his status as a minor.
During the defence's closing submissions, the Prosecutor made a series of racist comments with regards to the thoroughly documented defense of the child, in comparison to the lack of similar opportunities in representation to Greek citizens.
"Omar's acquittal demonstrates that smuggling charges cannot be based on assumptions, stereotypes, or insufficient evidence. This case is yet another reminder that unaccompanied children and victims of exploitation must be treated first and foremost as children in need of protection, not as perpetrators of serious crimes. Access to effective legal representation and a fair trial is a fundamental guarantee of the rule of law and must be afforded to everyone, regardless of nationality or migration status," stated Omar's lawyer, Iliana Bompou.
This case highlights the ongoing criminalisation of vulnerable individuals, including children, who are often wrongfully accused of serious offences such as smuggling on the basis of “paper witnesses” and in the absence of any substantive evidence. It further exposes the authorities' failure to effectively combat smuggling networks while safeguarding the rights of individuals seeking asylum and protection.
This is the third trial of an unaccompanied minor represented by Equal Rights Beyond Borders before the courts of Chania during the month of June alone. While all three cases have resulted in highly positive outcomes for our clients, the overall situation remains deeply concerning due to the continuing number of asylum seekers who are prosecuted as alleged “boat drivers” and face extremely serious criminal charges on the basis of weak or insufficient evidence.
*Name changed for protection purposes.
