Friday, 21 November 2025

Wednesday 19-11-2025 - The Chania Single-Member Court of Appeal for Felonies acquitted a Sudanese refugee represented by the Greek Council for Refugees, who—upon his entry into the country together with his wife and their three minor children—had been charged with smuggling, separated from his family, and held in pre-trial detention for eight months in Chania Prison.

As he had consistently stated throughout all previous stages of the proceedings, he took over steering the boat only when it was in immediate danger of sinking and had become unmanageable in the middle of the open sea. He acted solely with the purpose of approaching a nearby vessel in order to save his own life and the lives of his family members, who were also on board. That vessel eventually rescued all passengers and transferred them to Crete. After eight months of pre-trial detention, the Court declared the defendant not guilty, accepting his account.

This case highlights once again the profoundly problematic nature of the relevant provision of Greek law (Article 25 of Law 5038/2023), which makes no distinction whatsoever between criminal networks and smugglers on the one hand, and individuals who are compelled to steer a boat solely in pursuit of protection on the other. As a result, refugees are indiscriminately criminalised and subjected to lengthy prison sentences in Greek prisons.