A Greek court on Tuesday dropped charges against nine Egyptians over one of the Mediterranean’s worst migrant shipwrecks in which rights groups said they had been made scapegoats for the failures of the Greek coastguard in the deaths of more than 600 people.
The hearing in Kalamata, southwestern Greece, finished in just over three hours. The state prosecutor accepted the defence argument, urged the court to drop the charges and the nine were acquitted.
The suspects were detained hours after the rusty and overloaded trawler Adriana sank on the night of June 13-14 last year in international waters off the Greek town of Pylos. It was carrying more than 750 people, according to the United Nations, but only 82 bodies were found.
An estimated 600 men, women and children perished when the Adriana, an ageing fishing trawler.
Images of passengers packed on the vastly overcrowded Italy-bound vessel circled the world, prompting global outrage over whether the Hellenic coastguard – first alerted to the ship after it ran into engine trouble about 15 hours before it capsized – could have done more to prevent the disaster.
Victims who had boarded the boat in Libya included Pakistani, Syrian, Egyptian and Palestinian people. It soon emerged that women and children – of the 104 survivors, all were adult males and boys – had been locked in the hold of the boat. The ship sank in one of the deepest areas of the Mediterranean. To date, only 82 bodies have been recovered.
But nine Egyptians — who were among the 104 survivors — had faced charges including negligent homicide, participating in a criminal organisation and facilitating illegal entry into the country.
But almost a year on, there are concerns as to whether the accused, who were among the survivors. The nine, aged between 20 and 40, were accused of migrant smuggling, participating in a criminal organisation, endangering human lives and provoking a shipwreck – charges that, if convicted, carry multiple life sentences. All have categorically denied being involved in the smuggling operation.
Anti-fascist and leftist groups had stage a protest outside the courthouse to denounce Europe’s migration policies and deploring what they have described as a “state cover-up”. Before the start of the trial, there was a skirmish between riot police and the protesters.
Defence lawyers already signalled that they will try to have the case dismissed, arguing that as the shipwreck occurred in international waters, Greek courts lacked the jurisdiction to try it.
Vicky Aggelidou, a lawyer representing two of the men, said the evidence of prosecution witnesses was not only insufficient but simply did not stack up.
“The witnesses were compelled to give testimony under duress. There’s not the slightest bit of proof against the defendants and that’s because they were paying customers just like the rest,” she said. “Real smugglers never get on a ship. We’re talking about big business. They’re very professional.”
Natasha Dailiani, another defence lawyer, said it was clear the suspects were “scapegoats to cover up the responsibilities of the [Greek] coastguard”.
Greek government officials insisted that authorities were unable to take action earlier because the trawler was in international waters. Although a parallel investigation into the conduct of the Hellenic coastguard is also under way, maritime officials have likewise rebuffed allegations that they deliberately failed to intervene for fear of such a large group of asylum seekers being brought ashore. They have claimed that, while a vessel was dispatched to the area, the stricken boat’s crew members repeatedly turned down offers of help, saying: “No help … [we] go to Italy.”
Groups supporting the rights of survivors and migrants disputed that version of events. In a report released in December, the EU border agency, Frontex, which had spotted the boat from the air before the coastguard, also alluded to dereliction of duty, saying the Greek authorities had failed to reply to follow-up calls and its offers of assistance. In a lawsuit filed last September, survivors not only accused Greek authorities of deliberately failing to intervene to rescue those onboard, but argued that a doomed attempt to tow the trawler caused the vessel to sink.
As the decision was announced, some relatives of the suspects broke down in tears.
“I sold all my property for this trip,” one of the accused told the court. “I don’t know why I am in prison. I want to see my family. The man added that he had lost a relative in the shipwreck.
“I was in hospital after surviving the shipwreck with difficulty, and I find myself accused. I don’t know why,” another suspect told the court.
The Egyptians were taken away in a police van to a migrant camp where their asylum claims will be heard, their lawyers said.
Defence and rights groups said the men had been made scapegoats to obscure the failed rescue operation of the Greek coastguard.
– Procedural violations claimed –
The defence also argued that major procedural errors were committed in the investigation.
They say the defendants were arrested barely 24 hours after the sinking, and on the basis of just nine testimonies, some of which were not properly translated.
The lawyers say some of the suspects were still receiving medical treatment when arrested.
Some survivors subsequently claimed to have come under pressure from Greek police to point out the suspects, based on blurry photographs, the defence says.
The sinking of the Adriana, 47 nautical miles (87 kilometres) off the coast of Pylos, left many unanswered questions as to whether lives could have been saved.
The boat was sailing from Libya to Italy. In addition to Syrians and Palestinians, it was carrying nearly 350 Pakistanis, according to the Pakistani government.
Ahead of the trial, Human Rights Watch (HRW) noted that a parallel investigation into the Greek authorities’ actions was still at a preliminary stage — meaning the court had incomplete information in assessing the culpability of the defendants.
The NGO Alarm Phone and the EU’s border agency Frontex both reported the trawler’s presence in the Greek search and rescue zone to Greek authorities.
Survivors said the coastguard was towing the vessel when it capsized.
Anti-fascist and leftist groups staged a protest outside the court to denounce Europe’s migration policies.
Before the trial, there was a skirmish between riot police and protesters, with two people hurt. At least three protesters were detained, according to police.
– ‘Refused help’ –
The coastguard has insisted that it communicated with people on board who “refused any help”.
An investigation by a naval court into the coastguard action is underway. But requests for access to the files have all been refused, the defence lawyers said.
“Credible and meaningful accountability for one of the worst shipwrecks in the Mediterranean needs to include a determination of any liabilities of Greek authorities,” HRW specialist Judith Sunderland said in a statement ahead of the trial.
In September, around 50 survivors filed a group lawsuit against the coastguard.
For migrant rights proponents, the trial was part of a longstanding practise of criminalising asylum seekers.
According to the NGO Borderline Europe, Greek prisons hold around 2,000 migrants accused of being smugglers, constituting the second largest group in the prison population.