Monthly Archives: May 2021

#FreeTheMoria6 – After the Fire in Moria Camp: Call for a fair and transparent trial for the accused Moria 6 based on the presumption of innocence

 

See the Statement in Deutsch, EnglishελληνικάEspañol, Farsi, Français, Italiano

https://freethemoria6.noblogs.org/

#FreeTheMoria6 – After the Fire in Moria Camp: Call for a fair and transparent trial for the accused Moria 6 based on the presumption of innocence!

On 11 June 2021, the trial against four of the six teenage migrants accused of burning down Moria Camp will take place on the Greek island of Chios. From the moment of their arrest and before any due process of law, they have been presented to the public as the culprits. Two co-accused minors were already convicted to prison sentences in March, despite a lack of evidence and a trial riddled with irregularities.

We are deeply concerned that their right to a fair and just trial based on the presumption of innocence is not guaranteed and that they are instead made scapegoats for the inhumane EU migration policy. We stand in solidarity with the Moria 6 & against the deadly European border regime!

On 8 September 2020, the infamous refugee camp Moria on the Greek island of Lesvos burned down, fanned by a strong wind. The widespread and long-lasting fires, well-documented and almost live-broadcasted via social media, brought the ongoing policy of deterrence through inhumane conditions in Europe’s Hotspot Camps in the Aegean region back into the international media spotlight. (Footnote 1)

Rather than seeing the fire as an inevitable disaster in a deadly camp infrastructure, the Greek state arrested six young Afghan migrants and presented them as the culprits and sole cause for the fire, attempting to stifle further public debate on the living conditions inside the camp and the political responsibility. The fires took place at a time when the number of people living in the camp had reached 12,000, movement restrictions had been in place for almost six months and a growing fear of Covid-19 was spreading inside the camp. One week prior to the fire, the first person had been tested positive. Instead of moving infected people out of the camp and improving the living conditions for the people trapped inside, the government planned to completely seal off the entire camp with a double high-security Nato-wired fence and cracked down violently on any protest. (Footnote 2)

Not only do authorities deny any responsibility, there is also reason to assume that the accused cannot expect a fair and just trial. They were presented by authorities as guilty from the moment of their arrest. The Greek Minister of Migration and Asylum stated – only one week after the fire – that “the camp was set on fire by six Afghan refugees who were arrested”, violating their right to a fair trial under the presumption of innocence. Five of the Moria 6 were minors when they were arrested, but only two of them were recognised as such by the Greek state and consequently treated according to the Juvenile Criminal Code.

Concerns have already come to pass when the two officially recognized as minors stood trial in March 2021. At that time, the two had already been held in pre-trial detention for almost six months, the legal maximum period for minors, and consequently should have been released soon. In a hastily convened court hearing that flouted basic procedural standards of fairness (footnote 3), they were found guilty despite lack of evidence and sentenced to five years in prison.

The case of the Moria 6 is not the first time that migrants have been arbitrarily arrested and charged in Greece (see Moria 35). This practice has long been part of the inhumane EU border regime. However, in the current political environment, the criminalisation of migration has reached a new level, as have the illegal pushbacks of migrants by the authorities.

We call for fair and transparent trial on 11th of June!

We stand in solidarity with the Moria 6 & against the deadly European border regime!

We call on the EU and the Greek state to take responsibility for the inhuman camps they purposefully created and for the human suffering that is resulting thereof!
– Stop the containment of people at the margins of the EU!
– End the EU-Turkey Deal!
– No more Morias!
– Free the Moria 6!

++ Sign the appeal, share the information, organise solidarity actions under the hashtag #FreeTheMoria6 ++

All soldarity groups who want to sign, please sent an email by latest 5 June 2021 to freethemoria6@riseup.net

Footnotes:

(1) The fire had been preceded by many smaller ones throughout the years, e.g. caused by faulty wires or during cooking. They claimed the lives of two Kurdish migrants in November 2016, of Faride Tajik in September 2019, and of a 6-year-old girl in March 2020. No state agency, governing institution or camp management official has been held accountable for these fires resulting from overcrowding and a deadly camp infrastructure until this day.

(2) From March to September 2020, while movement restrictions were imposed on the camp, there was continuous protest: against the lack of public health measures, hunger strikes against arbitrary detention, demonstrations following outbreaks of deadly violence. Police responded by blocking the camp’s communication with the outside world, threatening suspected organisers with arrest, sometimes using tear gas and smoke bombs. The response to the fire was no different. The Greek state declared a state of emergency, sent riot police units from Athens to Lesvos, and used tear gas against migrants who had lost all their belongings in the fire and were scattered in the street, camping on the roadsides. The police also failed to protect people when armed far-right groups harassed them.

(3) For instance, the prosecution’s crown witness, who had caused the arrest of the accused through his testimony, did not appear and allegedly could not be located by the authorities. However, the prosecution was permitted to read out his written declaration, despite lawyers’ objection that this violated the defendants’ right to cross examine any witness against them, a fundamental right confirmed by ECHR.

[Lesbos] Another refugee sentenced to 146 years of prison as “smuggler”

Wir share an article of boderline-europe (https://www.borderline-europe.de/unsere-arbeit/lesbos-mohamad-h-zu-146-jahren-haft-verurteilt?l=en):

Trial report – Lesbos: Mohamad H. sentenced to 146 years in prison

On Thursday, 13th May 2021, refugee Mohamad H. was sentenced to 146 years in prison in the court of Mytilene, Lesbos. The sentence was passed despite the passengers of the boat testiyfing that they owe their lives to the actions of Mohamad. The lawyers will file an appeal.

“Why you did not come to Greece with a ferry or by buying a ticket?” – This one single question posed by the judge to Mohamad captures in a shocking way the absurdiy, the cruel cynism and the complete lack of contact with reality that the arrests and subsequent trials of refugees as “smugglers” in Greece but also everywhere else are based on.

On Thursday, 13th May 2021, the trial of 27-year-old refugee Mohamad H. took place in Mytilene, Lesbos. As previously reported, Mohamad H. was arrested upon arrival for being the “boat driver” of the boat in which he and 33 other passengers tried to reach Greece, and consequently charged with the “transportation of third-country nationals without permission to enter into Greek territory” (smuggling) with the aggravating circumstances of endangering the life of 31 people and causing the death of two. He had tried to save everyone’s life during a shipwreck by somehow steering the boat safely ashore, being a refugee himself with no experience in seafaring. Unfortunately, the boat capsized and two women died (read more).

At the trial, eight people who were in the same boat with Mohamad H. appeared in court in order to defend him. Two of them were accepted as witnesses and to testify before the court. They stated that Mohamad was one of them who just tried to save everyone’s life, that the smuggler was a Turkish man who abandoned them in the sea and that the shipwreck was caused by the actions of the smuggler and the Turkish Coast Guard that did not save them even though they called for help.

However, the judge insisted on the fact that in the preliminary hearing two witnesses pointed to the defendant as the “driver” although the defense stressed that during the preliminary hearing the interpretation was problematic, as it was in English and not in Somali, as well as the fact that they did not point out the defendant as the smuggler but as the person who drove the boat in a situation of distress.

Also Mohamad H. repeated once more that he was a refugee himself and not the smuggler. He explained that he neither knew how to drive a boat nor did he want to and that he only took the wheel in order to save his co-passengers from drowning. He did this without knowing that simply steering a wheel is considered a crime under Greek law.

To this, the judge responded by asking: “How is it possible you did not know that what you were doing was illegal? Then why you did not come to Greece with a ferry or by buying a ticket?”

In light of the fact that there are no safe and legal pathways to enter Europe and claim asylum, this question is not just grotesque and completely out of touch with reality, but cynical and cruel. It is the European policy of deterrence and closed borders that forces people onto makeshift boats and perilous journeys and to risk their lives and the lives of their families. Maybe someone should explain to this court how the European ayslum system works before they sentence a refugee to 146 years because he “did not just take the ferry or buy a ticket”.

The prosecutor’s suggestion on the guilt of the defendant was for him to be found guilty only for the crime of article 30-par.1 point a. (law 4251/2014): “transportation of third-country nationals without permission to enter into Greek territory”. Nevertheless, the judges insisted on the initial accusation of being also guilty of the aggravating circumstances (points c and d of article 30), meaning “endangering people’s lives” and “causing the death of passengers”. They accepted the mitigating circumstance of “prior lawful life” resulting into avoiding the life sentences as well as the money penalty. In more detail, they imposed 15 years incarceration for each deceased person (2 women) and 8 years for each transported person (31 people). Following a procedure called “merging of sentences” in Greek law, this resulted in a final sentence of 146 years.

The defense, the lawyers Dimitris Choulis and Alexandros Georgoulis, will file an appeal against the decision.