historic ruling: 10 asylum seekers accused of 'smuggling' declared innocent

On June 12th, 16th and 18th, HRLP represented before the Court of Samos a total of 16 asylum-seekers who were facing smuggling charges and heavy prison sentences. In a series of landmark decisions, 10 out of the 16 defendants were declared innocent.

CRIMINALISATION

Over the past years, Greek border guards have increasingly targeted the drivers of migrants boats crossing from Turkey to Greece, prosecuting people on the move as smugglers, in an effort to assign blame for "irregular" migration and claim action is being taken to protect the EU borders.

As a result, thousands of people seeking protection in the EU are systematically criminalized by Greek authorities, facing arbitrary arrests and gross violations of their procedural rights, leading to heavy smuggling charges based on questionable & insufficient evidence.

This is where we step in. HRLP lawyers are deployed to assist prosecuted asylum seekers at the earliest stage of the criminal procedure, empowering them to exercise their rights and ensuring they receive the legal support they deserve.

HRLP COURTS, JUNE 2025

On June 12th, , 16th and 18th, HRLP represented in total 16 asylum seekers who were facing smuggling charges and heavy prison sentences, merely based on the accusation of steering the boat that brought them -and others- to Greece. 

In a historic ruling, 10 out of the 16 asylum seekers represented by HRLP were declared innocent. HRLP insisted once again on the argument that we raise case after case, over and over again:

Displaced people should not be punished for smuggling.

The Court accepted the argument raised by HRLP lawyers, acquitting defendants of all charges on the grounds of the non-penalization of asylum seekers, as set out by the Greek Migration Code and incorporated provisions of Article 31 of the 1951 Refugee Convention.

Article 31 ensures that refugees can gain access to international protection effectively, without being penalized for breaching immigration or other laws due to their unauthorized entry into a country.

Although long overdue, last week’s landmark rulings felt like an important step towards the right direction. We are confident that the Samos court’s decisions will set an important legal precedence and we are hopeful that more will follow, marking an important shift towards a just future for all.

We envision a world where all people seeking safety or opportunity can move freely and safely, without fear of prosecution -and we will continue to fight for it, every single day.

Driving a boat is not crime. #endcriminalization

COURT VERDICTS

12th of June, Minors' Court

• 2 defendants were convicted, HRLP will be filing an appeal.

• 1 defendant was declared innocent. HRLP raised the argument of the non-penalization of refugees, as set out by article 3 of the Greek migration code. The Court acquitted the defendant of all charges, on the grounds of his refugee status.

16th of June, 1-Member Court

• 8 defendants declared innocent. HRLP raised the argument of the non-penalization of asylum seekers, as set out by article 3 of the Greek migration code. The Court accepted HRLP’s claim, acquitting defendants of all charges.

• 1 defendant convicted, sentenced to 75 years & 2 months of incarceration, HRLP filed an appeal. His asylum application is yet to be submitted.

• 1 case postponed to October.

18th of June, 3-Member Court

• 1 defendant declared innocent. HRLP raised the argument of the non-penalization of asylum seekers, as set out by article 3 of the Greek Migration Code. This marked the first time a three-member appeal court acquitted a defendant based on their asylum seeker status.

• 1 defendant convicted to 41 years of incarceration. HRLP made a mitigation plea & filed an appeal. The Court denied the suspensive effect of the appeal.

• 1 defendant convicted to 10 years of imprisonment. ΗRLP made a mitigation plea & filed an appeal. The Court court accepted the suspensive effect of the appeal.