2023-05-16 15:24:27
Today the Supreme Court of Greece will hold a hearing on a prosecution appeal that could send the misdemeanor case against Sarah Mardini and Seán Binder, volunteer refugee aid workers, back to court for retrial. On the occasion of the hearing, Adriana Tidona, a researcher on Migration at Amnesty International, stated:
“Sarah Mardini and Seán Binder should never have been on trial for their human rights work. Both were limited to volunteering off the Greek coast helping refugees and migrants at risk of drowning at sea when they were detained in 2018. Several human rights defenders are also facing criminalization of their work with refugees and migrants while this case has already had a chilling effect that could deter others from doing the same.”
“This resource only serves to prolong Sarah and Seán’s nightmare even more.. Misdemeanors for which they could be tried include minor charges of espionage and forgery that can carry penalties of up to eight years in prison. In addition, both are the subject of an ongoing investigation since 2018 for unfounded serious crimes that carry up to 20 years in prison.
“Amnesty International once again urges the Greek authorities to drop all charges against Sarah and Seán. Not only are they based on an abusive interpretation of the legislation against the smuggling of persons, but they are also not supported by any kind of evidence”.
Seán Binder said: “In January, the three members of the court of appeal and the prosecution agreed to dismiss the indictment against us, rightly concluding that we have the right to be notified in a language we understand, which is necessary for it to be a fair trial under the rule of law. Now, another member of the prosecution has appealed against this decision and we are before the Supreme Court. We trust that it will be a fair trial and that the Court will uphold the decision to dismiss the charges against us, but if the Supreme Court agrees with the prosecution, we fear that we will be denied our right to a fair trial.”
Additional information
The appeal hearing will be held on May 16, 2023, although the Court is not expected to issue a decision on that same date. Sarah Mardini and Seán Binder will not be present in it.
In January 2023, the Mytilene Court of Appeal found procedural flaws in the relevant subpoenas, including the lack of translation. The resolution of this court caused the summons to be annulled and the case against Sara and Seán to be dismissed. In February 2023, a deputy member of the Supreme Court prosecution appealed against the decision.
If the prosecution’s appeal is upheld, the trial for minor crimes would begin again and the prescription of these charges would be extended by three years.
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