Smuggling trial: 19 minutes trial for A.B. and H.S. in Komotini
Trial report by Julia Link, borderline-europe
On 27.01.2023 the appeal trial of A.S. and H.B. took place in Komotini, Greece. After the two defendants had already spent four and three years in prison, respectively, on the charge of aiding and abetting unauthorized entry (Read more), the sentence could be significantly reduced. Instead of having to spend many more years in prison, A.S. and H.B. will be released in a few weeks and can finally see their family and friends again. Due to bureaucratic obstacles in issuing passports, A.S.'s family was not able to travel from Germany to Greece to support him during the trial.
After 33-year-old A.S. from Afghanistan and 24-year-old H.B. from Pakistan were sentenced to 11 and 23 years in prison, respectively, for 7 counts of facilitation of unauthorized entry in the first trial, the appeal hearing was now scheduled for January 26, 2023, in Komotini, Northern Greece. After the appeal trial had already been postponed in December 2021 because the judges and secretaries could not hear the trial in time before the end of the day, the judges again decided to postpone the trial. Instead of a one-year postponement, this time the trial was rescheduled for the following day, January 27, 2023.
On the originally scheduled trial day, 32 cases were scheduled, ten of which also dealt with cases of aiding and abetting unauthorized entry. The case of A.S. and H.B. was to be heard in ninth position. However, due to a strike by public defenders in Greece that had been going on for three months, a postponement of the trial was requested for many cases. On January 26, 2023, three cases were eventually heard, two of which involved charges of aiding and abetting unauthorized entry. One of the two "transport cases" in particular was given a heavy prison sentence, so that the mood in the courtroom was noticeably tense towards the end of the day.
The trial of A.S. and H.B. was scheduled second for the following day, following another "transportation case". After a recess, the trial of A.S. and H.B. started at 1:13 p.m. The bench of the Court of Appeals was occupied by a five-judge panel consisting of three female and two male judges. Next to the judges, in accordance with the usual arrangement, the prosecutor sat on the right (as seen from the elevated bench) and the secretary on the left. The two defendants were seated on chairs at the bottom, facing the court (with their backs to the audience), and the lawyers were seated to the right and left, at the same level as the defendants and the audience. The room inside the courtroom, where the invited witness had to take his seat, was separated from the court, the lawyers and the defendants by a wooden barrier.
In order to avoid further delay of the trial and since the defendants can sufficiently communicate in Greek, the trial took place in Greek and without translation into the native languages of the defendants, at the request of the defendants. First, the lawyer of the two defendants, Spyridon Pantazis, presented the judges with documents regarding the conduct in prison and concerning the family situation of the defendants. Afterwards, the only witness called by the prosecution was questioned. The witness was a police officer who was on duty during the police check of the car in which the two defendants were driving together with refugees. He testified that the two defendants had been very cooperative, had offered no resistance and had directly admitted their actions. When asked by the lawyer, the police officer confirmed that neither of the defendants had put the passengers in danger at any time.
The lawyer then spoke about the circumstances of the two defendants, which could have a mitigating effect under Greek law. Before the crime, A.S. had built a life in Greece for himself, his sick wife and his two children. This is also evidenced by the existing tax number and health insurance. However, it had not been possible for him to find a job, so he agreed to drive the car out of financial need to ensure the survival of his family. He has regretted his act immediately. For H.B., Spyridon emphasized that he was only 19 years old at that time. Without a job, knowledge of Greek and without a network that could have supported him, he had agreed to be a co-driver out of need.
Subsequently, A.S. was questioned by the presiding judge about his country of origin, his arrival to Greece, his motives for driving the car with refugees, as well as his school attendance in prison. The prosecutor also asked him whether he intended to travel to Germany to visit his family after his release. Subsequently, H.B. was asked by the presiding judge and prosecutor about his country of origin and place of residence in Thessaloniki, as well as whether he had been involved in "smuggling activities" before.
At the end of the questioning, the prosecutor accepted the mitigating circumstances proposed by the defendant's lawyer and, in particular, pleaded for three mitigating circumstances to be taken into account for H.B. (good conduct in prison, young age when committing the crime, no previous convictions) and two mitigating circumstances to be taken into account for A.S. (good conduct in prison, no previous convictions). The hearing ended after 19 minutes at 1:32 p.m.
The judges announced their verdict at 2:45 p.m. after a further hearing and subsequent discussion. They accepted all the mitigating circumstances that had been presented and thus reduced the sentence considerably. A.S. thus received a sentence of eight years and H.B. of six years. Due to the already served prison time of three and four years respectively and the usual conversion of the sentence into actual prison time in Greek criminal law, both defendants will be released in the next few weeks.
Spyridon Pantazis, attorney for the defendants: "We are satisfied with the court's verdict. The judges accepted our line of defense and our mitigating arguments. With the recognition of the mitigating circumstances, the offense was reduced from a felony to a misdemeanor, which means that my clients will soon be released. Many things still need to be changed in the Greek criminal justice system, but we continue to make progress."
Julia Link, borderline-europe: "After seeing some extremely harsh sentences for similar cases from the judges the day before, we are very relieved about the outcome for A.S. and H.B. However, even though they have now at least received some justice, the defendants should not have been sentenced in the first place. This case is once again symbolic of the efforts of Greece, but also of the EU, to criminalize migration and we demand justice for all imprisoned people on the move!"
Background info:
- borderline-europe: They picked up refugees from the border in order to survive - they were sentenced to 23 and 11 years
More info:
- Aegean Migrant Solidariy, borderline-europe and Deportation Monitoring Aegean: Incarcerating the Marginalised - The Fight Against Alleged "Smugglers" on the Greek Hotspot Islands
- borderline-europe: Kheiraldin, Abdallah and Mohamad: #Paros3 sentenced to a total of 439 years for steering the boat
- borderline-europe: Greece: Father sentenced to 18 years in prison for driving car with refugees
Thursday, 09 February 2023
© Photo borderline-europe
