Monthly Archives: February 2023

After the fire in Moria in 2020: Six young migrants are made scapegoats of a failed EU migration policy – Call for fair and transparent trial for the Moria 6 on 6 March 2023 in Lesvos! 

Statement 27/02/2023 from the Solidarity Campaign #FreeTheMoria6

After two of the six accused migrant Teenagers have already been convicted legally binding in June 2022, now on 6 March 2023, the appeal hearing of the last four teenagers will take place on the Greek island of Lesvos. They are accused of having burnt down Moria camp in September 2020. Despite a lack of evidence, they had already been found guilty of arson endangering human life and sentenced to 10 years in prison in the first instance trial on 11 June 2021.

Since the moment of their arrest and before any process of law, they have been presented to the public as the culprits. On 16 September 2020, just one week after the fires, the Greek Minister of Migration and Asylum Notis Mitarakis had already stated in an interview with CNN that “the camp was set on fire by six Afghan refugees who were arrested”, thereby violating the teenagers’ right to a fair trial under the presumption of innocence.

Our fear that their right to a fair, just trial will not be guaranteed and that they will instead be made scapegoats for the inhumane EU migration policy has so far proven true.

After the verdict on 11 June 2021, international trial observers criticised the lack of evidence and spoke of an unfair trial from which the public was excluded. Over 70 European organisations and hundreds of individuals had made the call for a fair and transparent trial. Despite a lack of clear evidence of the four defendants’ involvement in the multiple fires, they were found guilty after a two-day trial.

The court relied solely on the written testimony of a witness, who can allegedly no longer be found. He claims to have seen the defendants setting fire to the Moria camp on the first night of the fire. However, his testimony is full of contradictions. For example, the lawyers stated that he had only given common first names of people in the camp, on the basis of which the police arrested six people. In addition, the available documents proving that three of the accused were minors were not accepted.

The concern of a prejudgement had already come true when the two of the six teenagers, those officially accepted as minors, were sentenced to five years imprisonment by the Juvenile Court on Lesvos in March 2021. Even then, observers had spoken of an unfair trial. On 7 June 2022, in what was once again a very hostile and far from impartial trial, the first instance verdict was upheld despite the fact that there is still no credible evidence. Only the sentence was reduced from five to four years because of “good behaviour in prison”. The Legal Center Lesbos filed an application for annulment of the unfair sentence, which will be heard by the Supreme Court on 10 March 2023.

At least one of the accused is in the meantime out of the prison, as his application for release on parole was granted. The other five teenager have now been in prison for almost 2.5 years.

Background

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.

Rather than seeing the fire as an inevitable disaster in the camp’s deadly 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.

The sentencing of the six teenager is another shocking example of how people on the move are criminalised shifting public attention away from the EU’s and the Greek state’s crimes of building and maintaining inhumane camps like Moria.

The case of the Moria 6 is not the first time that migrants have been arbitrarily arrested and charged in Greece. 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 6th of March 2023!

We stand in solidarity with the Moria 6 and 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!

++ Share the information, organise solidarity actions under the hashtag #FreeTheMoria6

 ++ Information about the legal context see Legal Centre Lesvos:

Further information and contacts:
Email: freethemoria6@riseup.net  Twitter: #FreeTheMoria6
Blog: https://freethemoria6.noblogs.org/

 

[Statement 09.02.2023] Unjustified conviction of a desperate mother after suicide attempt

Statement of the initiatives CPT Aegean Migrant Solidarity, borderline-europe e.V., You can’t evict Solidarity from 09.02.2023:

On 08 February 2023, a 29-year-old woman was convicted of arson and damage to property. She attempted to burn herself to death out of desperation in the notorious Moria 2 camp on the Greek island of Lesbos in the winter 2020 and 2021.

M.M. was acquitted with the charge of arson endangering others. A conviction for this felony would have meant up to 10 years in prison. However, she was found guilty of intentional arson and damage to the property of others, which resulted in a suspended prison sentence of 15 month.

This was unanimously decided by a mixed jury, although even the prosecutor saw it appropriate to drop the accusation. What is scandalous is that the jury did not consider the act as self-harm, which is not punishable in Greece.

The lawyers of the organisation HIAS Greece were initially shocked and disappointed by the verdict. Acknowledging the facts should have led to an acquittal. An act of desperation is not a crime. Therefore, the lawyers will appeal against the verdict.

The court’s decision not to recognise the catastrophic circumstances of the camp, which were the cause of the desperate act and for which the Greek state is responsible, was as politically motivated as the trial itself. Numerous supporters followed the trial, almost 500 people had signed a petition for an acquittal.

The situation in the camp was catastrophic in the winter of 2020/21. The place close to the sea is completely unsuitable for living: The tents repeatedly collapse or are flooded due to strong winds and heavy rain. There is a lack of medical care, privacy, electricity, running water, hot showers, functioning toilets and other hygiene facilities.

The neighbouring residents in the camp rescued her from the burning tent and extinguished the fire with water bottles and towels. M.M. was taken to hospital with severe burns and was directly interrogated by the police and treated like a criminal. Unbelievably, instead of offering help and psychological care to the traumatised family, M.M. was charged after the incident.

Her lawyer points out that a pregnant woman belongs to the vulnerable group, therefore M.M. should have been transferred to a suitable accommodation. The Greek state has already lost several such cases before the European Court of Justice.

The family has since been able to move to Germany with their now four children (aged almost 2, 3, 6 and 8) after a corresponding application by her lawyer. M.M. is still severely traumatised and the whole family is suffering massively from the prosecution. We are glad that M.M. did not attend this trial personally.

For M.M., the verdict does bring a little relief, as she no longer has to report regularly to the Greek embassy.

Nevertheless, the conviction of M.M. for her suicide attempt, which is not punishable under the Greek penal law and has now been brutally classified as intentional arson, is to be seen as a new escalation of the criminalisation of protection seekers. This is primarily intended to deflect attention from the responsibility of the Greek state and the EU to ensure adequate living conditions for people seeking protection.

Alice from borderline-lesvos: “This trial is so twisted.  A call for help, a suicide attempt by a woman is made into a crime. The circumstances that led her to commit this act are the real crime.  At least she doesn’t have to go to prison.  That is a relief, of course, but not justice.”

Kim, You can`t evict Solidarity campaign: “We are shocked by the unjust sentence, instead of an “apology” and a full acquittal, now a conviction. This is not the first time that migrants in Greece have been convicted on absurd grounds, representative of the disastrous conditions in the camps and the brutality of the EU external borders.”

We continue to stand in solidarity with M. M. and her family and against the deadly European border regime!

We call on the Greek state and the EU to take responsibility for the inhumane camps!

  • Stop the criminalisation of  migration!
  • Stop the isolation of people on the edge of the EU!
  • No more Morias!
  • Acquittal for M.M!

[Statement, 03.02.2023] Criminalisation of refugees reaches new level of escalation: Young woman faces trial in Greece for attempted suicide

Statement of the initiatives CPT Aegean Migrant Solidarity, borderline-europe e.V. and You can’t evict Solidarity 03/02/2023

Criminalisation of refugees reaches new level of escalation: young woman faces trial in Greece for attempted suicide

On 8 February 2023, a 29-year-old woman who, in desperation, attempted to self-immolate in the notorious Moria 2 camp on the Greek island of Lesvos, now faces trial for arson.

On 21 February 2021, the heavily pregnant M.M. had attempted to take her own life by setting herself on fire at the new Mavrovouni Reception and Identification Centre (RIC) (also called Kara Tepe or Moria 2) on Lesvos. The neighbouring residents in the camp rescued her from the burning tent and extinguished the fire with water bottles and towels. M.M. suffered injuries all over her body and was taken, under guard, to hospital.
However, even more cruel than the burns: instead of providing help and psychological care to the traumatised family, M.M. was charged with ‘arson with intent‘, ‘endangering life and the objects of others‘ as well as with ‘damage of an object of common utility by means of fire‘ after the incident.

At the time of the desperate act, M.M. had already been living with her husband and three small children in the camp “Moria 2” for more than five months under inhuman conditions. The situation in the camp was catastrophic in the winter of 2020/21. The area is close to the sea and completely unsuitable for living: The tents repeatedly collapse or are flooded due to strong winds and heavy rain. There is a lack of medical care, privacy, electricity, running water, hot showers, functioning toilets and other hygiene facilities. As if this were not enough, on 23 January 2021, the Greek government publicly confirmed that dangerous levels of lead had been found in soil samples.

M.M.’s lawyer from the organisation HIAS Greece points out that pregnant women are on the list of vulnerable groups that should be given special reception conditions; therefore, as a pregnant woman, M.M. should have been moved to suitable accommodation.

In the meantime, the family and their now four children were able to resettle in Germany, following a corresponding application by her lawyer. M.M. is still severely traumatised and the whole family is suffering greatly from the ongoing prosecution. Even in Germany, the family has not yet received the necessary psychological care to be able to come to terms with their traumatic experiences and face the upcoming trial.

The prosecution of M.M. for her suicide attempt, which is not punishable under the Greek penal code and is now brutally classified as ‘intentional arson‘, is an escalation of the criminalisation of people seeking protection. It is also a distraction from the responsibility of the Greek state and the EU to ensure adequate living conditions for people seeking protection. Following the same pattern, six young men and teenagers were charged and convicted, without any evidence, for allegedly setting the fire that led to the complete destruction of the original Moria camp in September 2020. (https://freethemoria6.noblogs.org/)

Alice, borderline-lesvos: “It is the most incredibly humiliating criminalization case we have ever heard of. A woman, a family in desperate need for help, was screaming for help months before the tragedy happened. They could not survive bringing another child into the world while still being in the camp. She saw no other option than to harm herself in order to escape the stress and pain she was in. We met her after still being in deep pain about the lives of their four children… and then the shock: Instead of helping the family, the mother of four children is charged with arson. Instead of evacuating them many many months before from the horrible conditions they were living in, giving them a safe space to care for a newborn, she was criminalized. M.M. is an example for the Greek migration managers to show no tolerance for any needs that refugees will speak out for.”

Kim, “You can`t evict Solidarity” campaign: “The case against M.M. is by far not the first time that migrants in Greece have been charged on absurd grounds and without evidence. However, in the current political environment, the criminalisation of migration has reached a new level, as have the brutal pushbacks of migrants by the Greek Coast Guard and Frontex.”

Christina, CPT Aegean Migrant Solidarity: “Unfortunately, the Greek authorities surprise us every time with the ever-increasing criminalisation of migration and migrants. Apart from rescuing people at sea and solidarity, the Greek authorities go one step further by criminalising desperation. Desperation that they themselves have created in the incarcerated men and women in the detention centres. The case of M.M. is a monument to inhuman treatment and devaluation of life.”

In May 2022, we celebrated the success of the acquittal of N., a young father who was charged by the Greek judiciary with endangering the welfare of a child after the tragic death of his son during the crossing from Turkey to the EU. This case also exemplified the cynical political approach under which traumatised refugees are prosecuted on flimsy grounds. Even in the case of an acquittal, these proceedings cause immense psychological damage to those affected. The systematic criminalisation of those seeking protection only serves the purpose of distraction and deterrence, to the distress of people who have already become victims of a racist system that forces them to flee and, at the same time, wants to punish them for seeking a life in safety. The young father’s acquittal was only possible thanks to the large solidarity network that fought for his release together with his lawyers, but most cases of criminalisation of migration take place away from public attention and usually result in years of imprisonment. (https://freethesamostwo.com/de/ueber/)

The trial against M.M. was originally scheduled for 22.06.2022. A witness for the prosecution, a tent neighbour of M.M. did not appear. Although his testimony was available in writing, the court took the opportunity to postpone the trial. This approach has become an integral part of the brutal criminalisation of people seeking protection and requires a lot of energy and resources. In addition, the defence’s application to lift the obligation according to which the severely traumatised woman has to report regularly to the Greek embassy was rejected. M.M. and her family have to remain in uncertainty for 8 more months and are still not allowed to leave their traumatic experiences behind.

We stand in solidarity with M.M. and her family and against the deadly European border regime!

We demand a fair and transparent trial! This can only lead to an acquittal for M.M.


We call on the Greek state and the EU to take responsibility for the inhumane camps!
– Stop the criminalisation of refugees and migration!
– Stop the isolation of people on the move at the borders of the EU!
– No more Morias!
– Drop the charges against M.M.!

Questions and interview requests: cantevictsolidarity@riseup.net
Contact and information about legal aspects see HIAS https://www.hias.org/sites/default/files/press_release-mm_case.pdf