Acquittal of Somali asylum seeker in Greece raises concerns over criminalization of migration

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Tuesday November 5, 2024

An aerial view of the Closed Controlled Access Centre (CCAC) in Kos, Greece, operated by the Greek Ministry of Migration and Asylum. / CREDIT/ Greek Ministry of Migration and Asylum

Athens, GREECE (HOL) — A Somali asylum seeker who arrived in Greece as an unaccompanied minor was acquitted of all charges by the Juvenile Court of Kos on October 24, 2024. The ruling clears the asylum seeker, identified as M.A., of serious allegations—including involvement in a criminal organization and unlawful entry—but also spotlights pressing issues surrounding the treatment of migrants and asylum seekers in Greece.

The court's decision comes after M.A. was accused of facilitating the unauthorized entry of fellow migrants. These charges stemmed from his act of lending a cell phone to another traveller to contact an NGO. Elli Kriona Saranti and Maria Spiliotakara, attorneys for M.A. with HIAS Greece, welcomed the verdict. "This ruling is a significant step forward. The criminalization of migration and the persecution of human rights defenders must cease," they stated. "These actions have distracted from the urgent need to address crimes against migrants at our borders."

The ruling reinforces the need for legal protections for refugees and the importance of humanitarian actions in the face of a complex migration landscape.

Despite facing accusations of illegal entry, M.A. was protected under the Geneva Refugee Convention, which asserts that refugees should not be penalized solely for unlawful entry. The Juvenile Court's decision was informed by a prior ruling from the Dodecanese Appeals Court, which had already acquitted M.A.'s adult co-defendants of similar charges. The Appeals Court clarified that assisting asylum seekers after their arrival does not constitute facilitation of illegal entry.

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