Refugee helpers on Lesbos: A process with many mistakes

As of: 01/10/2023 6:36 p.m

24 sea rescuers have to answer in court on the island of Lesbos. The public prosecutor accuses them, among other things, of membership in a criminal organization. But the approach raises questions.

By Verena Schälter, ARD studio Athens, currently Lesbos

Sean Binder is pale and tense as he enters the courthouse in Mytilene, the capital of the Greek island of Lesvos. He greets the journalists present in a friendly manner. The interest of the international media is great.

“I hope that we can finally start this process. We have been waiting for this for four years while the prosecutor’s office has delayed the process,” he says.

Mardini does not participate in the process

Binder is one of a total of 24 refugee helpers who have to answer in court here. Among them is the Syrian Sarah Mardini, whose escape from Damascus via Turkey to Greece was filmed in the Netflix production “The Swimmers”. After her escape, the 27-year-old worked as a volunteer on Lesbos until she and Binder were arrested in 2018.

They are accused of, among other things, espionage, membership in a criminal organization, forgery of documents and the illegal use of radio frequencies. Mardini herself cannot take part in the process because the Greek authorities have banned her from entering the country. She is represented by a lawyer.

20 years imprisonment

The defendants deny all allegations that they did nothing illegal, but only helped people in need. “We have to make sure that search and rescue operations are allowed. We have to make sure that people have the right to apply for asylum,” says Binder. “We simply have to abide by the rule of law.” He hopes that the prosecution will do so.

The Greek authorities have divided the process: In the current process, only the less serious offenses are to be tried. A second trial is to be scheduled at some point for the serious crimes. The accused face up to 20 years in prison.

Sarah Mardini once dreamed of competing as a swimmer at the Olympics. She managed to escape from Syria under such dramatic circumstances that the story was made into a film.

Image: picture alliance / empics

Judge reacts indignantly

The process begins with a little delay. It quickly becomes clear that the process will be difficult. The defense accuses the prosecutor of having poorly prepared the indictment. Even the judge is upset about the various procedural errors – especially since the trial should have started in November 2021, but had to be stopped back then due to the same procedural errors.

For example, in the indictment, the accused are not named by name, only by number. However, it is nowhere clear who is meant by the respective numbers. Due to the very vague wording, it is also not clear whether all of the accused are charged with the same offenses and criminal offences.

“Human Rights Violated”

“We spent the whole morning giving one reason after the other why this process cannot go ahead,” explains Binder. The prosecutor made one mistake after another. “They have violated our human rights, they have made procedural mistakes. They have done everything possible to ensure that this process does not take place.”

Binder and the others absolutely want the process to finally begin after years of uncertainty. They are convinced that they can prove their innocence in a fair trial. In addition, there would then be no shadow of doubt for other sea rescuers, says Binder.

Could the process burst?

That’s why the defense attorneys have called for the procedural errors to be rectified as quickly as possible, says Clio Papandoleon, lawyer for Binder and Mardini: “All the defense attorneys submitted their objections today. I think the court has listened to us carefully. The judges seem to have a good case to have studied.” The court would examine the evidence and arguments. “On Friday we are expecting the prosecutor’s application and the court’s decision.”

In the worst case, the process bursts again. That would mean the wait and uncertainty would continue. But after that first day, defense attorneys and defendants seem at least a little more confident.

Trial against refugee helpers on Lesbos

Verena Schälter, ARD Rome, 10.1.2023 6:36 p.m

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