AYS News Digest 09/01/23: Trial of Human Rights Defenders in Lesvos Begins
Criminalisation of humanitarian activity continues with the trial of Lesvos human rights defenders starting on 10th January // New Italian decree about rescue at sea // 3 people died close to Lampedusa coast and 5 bodies founded in Tunisia // NGOs hampered in support inside Samos camp // Report from Bosnia-Hervegovina and Serbia border // and more…
FEATURE
Is saving lives a crime? The trial of human rights defenders begins in Greece
Searching and rescuing refugees in distress — is this a crime? It is about to be decided. On 10th January 2023, the trial of human rights defenders Sarah Mardini, Seán Binder, Nassos Karakitos and 21 others will begin on the Greek island of Lesvos. The accusations include smuggling, membership of a criminal organisation, money laundering and espionage. Seán Binder stated:
“We are not criminals, neither are we heroes, providing assistance to people in distress is necessary — nobody should be abandoned to drown. My actions were guided by the duties enshrined in international maritime law and the European Convention on Human Rights”
The process, which has already been delayed, starts at the outset on a basis of lack of clarity. According to Sean Binder’s legal team, unless rectified immediately, this is likely to lead to an unfair trial.
In August 2018, Sean Binder, a volunteer for a humanitarian NGO in Lesvos, was arrested and charged with many criminal offenses. If considered guilty he will face 20 years in jail.
Edward Fitzgerald KC, on behalf of the international legal team acting for Mr Binder, condemns the trial:
“Mr Binder’s search and rescue work sought to protect the life, health and physical integrity of men, women and children at sea and immediately on arrival in Greece. A proper application of the duty to provide assistance — and the exemption for humanitarian work — in international law should, in our view, serve to protect him from prosecution for this work”
Read more of the statement of Gráinne Mellon of Garden Court Chambers, who acts for Sean Binder:
Since the arrest, many concerns have been expressed about these charges. Associations and human rights organisations have emphasised the lack of legal basis for the trial (see here).
A UN Special Rapporteur has repeatedly stated the irregularities of the case and their concern about the risk of criminalisation of humanitarianism. In 2021 the Special Rapporteur denounced (read here):
“A guilty verdict, which could put them in prison for 25 years, would set a dangerous precedent of making criminals of people who support the rights of migrants and refugees across Greece and the European Union”
More concerns expressed again by a UN Special Rapporteur this week here.
Amnesty International joins in expressing its concerns. Nils Muižnieks, Director of Amnesty International’s European Regional Office stated:
“(..) This trial reveals how the Greek authorities will go to extreme lengths to deter humanitarian assistance and discourage migrants and refugees from seeking safety on the country’s shores, something which we see in a number of European countries. It is farcical that this trial is even taking place. All charges against the rescuers must be dropped without delay.”
Binder himself spoke in the European Parliament a month ago, denouncing the danger of the criminalisation of humanitarianism. See the video here:
SEA / SEARCH and RESCUE
New Italian decree put lives in danger
New obstacles are coming for humanitarian organisations trying to save lives in the Mediterranean Sea. The extreme right-wing Italian government of Giorgia Meloni once again highlights its anti-migratory character by attacking humanitarian aid. A new decree was signed by the Italian government on 2nd January, requiring civilian rescue ships to immediately head to Italy after each rescue. Doesn’t matter if they meet people in distress while going to the peninsula. Any other rescue is now forbidden with the new decree, countering the job of SAR NGOs, which stay at sea for many days.
Read here the statement of SAR rescue organisations, who expressed their concern on the Italian decree:
The Italian government has been criminalising humanitarian aid for years, making it a crucial point of its propaganda and policies. Even falsehoods have been told: organisations are allegedly accused of being pull-factors based on unverified sources. Read more here
By targeting rescue organisations, people’s lives, which are already in danger on such a deadly route, are further endangered. Even the government of Malta seems to support the Italian line, endorsing the new decree and racist policies.
A few days ago at least three people died close Lampedusa’s coast, while five people are still missing. Another five bodies were washed ashore in Tunisia. (Read more here)
Deaths, many deaths every day.
All these racist border policies affect the skin of the people, who meanwhile die at sea, abandoned.
Only humanitarian organisations are not abandoning them, keeping up their support. Alarm Phone is one of those:
GREECE
NGOs support hampered inside Samos camp
Refugees inside Samos camp are not able to access basic services. Despite this, during the past week, NGOs who work inside Samos CCAC (Closed Control Access Centre) have not been able to enter the camp. Humanitarian organisations and their supporters are under strict control and surveillance by the authorities.
SERBIA
Klikaktiv reported on the situation of people on the move at the border between Serbia and Bosnia-Herzegovina
The routes into the EU are many, but all of them dangerous. Recently Klikaktiv visited the border between Bosnia-Herzegovina and Serbia, where people on the move try to cross the deathly Drina river. In Loznica and along the border many people stay in squats and are being pushed around by the police.
ITALY
Trieste, point of arrival from the Balkan Route for years
Through the Balkan Route to Italy. Italy. The country that for many of those on the move is seen as the first, finally safe, point of arrival. But not the destination. Many people decide to proceed to other European countries. Passing through Trieste first, however. Not all of them of course, but most of the people on the move who reach Italy arrive in Trieste, where they find the solidarity of grassroots organisations such as Linea d’Ombra. It is these associations that now urgently need support to be able to continue helping refugees. Here a video about Trieste as a crucial arrival point from the Balkan Route:
FRANCE
La Cimade reminds how the courts are legitimizing the negligence of the prefectures, abandoning people without papers. Read more here:
UK
Hostnation call for volunteers
Hostnation try to connect refugees with the local community between friendship.
Here is the call
WORTH READING:
- This article explains the Italian government’s reluctance to accept people seeking a safe country:
- What happens to those who disappear along the Migration Routes to Europe? This article tells some stories of missing persons and the attempts to identify or trace them
- Rwanda will no longer offer shelter to those fleeing from the Democratic Republic of Congo. Here is the article:
Find daily updates and special reports on our Medium page.
If you wish to contribute, either by writing a report or a story, or by joining the Info Gathering team, please let us know!
We strive to echo correct news from the ground through collaboration and fairness. Every effort has been made to credit organisations and individuals with regard to the supply of information, video, and photo material (in cases where the source wanted to be accredited). Please notify us regarding corrections.
If there’s anything you want to share or comment, contact us through Facebook, Twitter or write to: areyousyrious@gmail.com
