By Juanita Beltrán / GICJ
“We need to ensure that search and rescue is permitted, we need to ensure that people have the right to seek asylum” - Seán Binder rescue diver and trained maritime search volunteer.
In Greece, a group of 24 aid workers and volunteers embarked on a journey to rescue migrants on the island of Lesvos. The 24 human rights defenders were charged and investigated for alleged human trafficking, money laundering, and fraud. Other charges faced by the rescue group include espionage, illegal access to state communications, people smuggling and assistance of criminal activity.
A non-profit search-and-rescue group operating on Lesbos,Emergency Response Centre International (ERCI), was helping in Lesbos from 2016 to 2018 at the peak of the refugee crisis, with many asylum seekers arriving daily on its shores. The group of volunteers (17 foreigners and 7 Greeks) affiliated with ERCI were facing up to eight years in prison if found guilty.
The spokesperson for the UN High Commissioner for Human Rights, Liz Throssell, expressed concerns about the trial before the court decision on the 13th of January, 2023. The office stated that trials of this nature criminalise life-saving work and set dangerous precedents for the work of human rights defenders and humanitarian organisations in Greece and other EU countries.
One of the human rights workers condemned was Sarah Mardini, a refugee and swimmer, whose sister was part of the refugee swimming team at the Olympic games in 2016 and 2021. Sarah Mardini and Sean Binder, an experienced diver also condemned, spent three months in jail in Lesbos because of misdemeanor charges that included espionage, use of radio frequencies, and forgery. They are still under investigation for other charges, including felony and human trafficking.
However, the court accepted the objections made by the defense lawyers on the grounds that there were flaws in the litigation process, such as the fact that the prosecution documents were not translated for the foreign defendants and that the espionage charges were vague (1). As a result, the case was refiled.
This case is an example of how rescue and search work of migrants can potentially put the lives of countless more of them seeking a better future in danger. By criminalising the work of rescuers, states attempt to illegitimise human rights, especially migrant’s rights and refugees across the world. More and more rescuers face the fear of continuing their labor because of the charges against the group of volunteers.
States should work conjunctly with human rights defenders and rescuers to overcome the migrant and refugee crisis.
Geneva International Centre for Justice (GICJ) welcomes the decision of the Greek court to refile the case. Though a small step, it still seeks justice for all migrants and refugees. Nonetheless, we condemn the human rights violations to the right to asylum and more generally to the migrant´s rights. We urge states to raise awareness and dismantle prejudices against migrants and their contributions in different fields to society. Additionally, we urge Greece to stop going against the people who defend human rights and offer solidarity to migrants. We recommend offering migrants rescuers safe and legal ways to exercise their labor.
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(1) Trial of human rights defenders in Greece for helping migrants | OHCHR
(2) Greek court rejects charges against aid workers who helped migrants in Lesbos (france24.com)
