On Tuesday 10 January, the trial of 24 people associated with the NGO Emergency Response Centre International (ERCI) began in Mytilene. Among them are volunteers Sarah Mardini, Seán Binder and Nassos Karakitsos who have been detained by the Greek authorities. The founder of the group, Panos Moraitis, has also been arrested and detained. The organisation and the defendants were involved in both independent search and rescue operations in Greek waters as well as in joint operations with the Greek authorities. According to Human Rights Watch, in 2019 they were charged with facilitating human smuggling, money laundering, the unlicensed use of radios, espionage, and establishing and supporting a criminal organisation.
“Accusations of money laundering, people smuggling, and espionage appear no more than an effort to criminalize humanitarian activism on behalf of refugees and migrants in Greece,” said Bill Van Esveld, senior children’s rights researcher at Human Rights Watch. “These charges should be dropped, and the activists should be freed.”
According to the latest developments, the charges of espionage, unlawful use of radios and forgery appear to have been dropped.
Activist Sarah Mardini is the swimmer and refugee who in 2015, along with her sister, swam and pulled a boat carrying 18 asylum seekers to shore when the engine broke down.
EU Home Affairs Commissioner Ylva Johansson has specified that “Saving lives at sea is a moral imperative and a legal obligation….Ships of non-governmental organisations also save many lives. We have to acknowledge the role of NGOs.”
Amnesty International and the UN Human Rights Office have also called for the charges against Sarah Mardini and Seán Binder to be dropped, with the OHCHR adding that, “Trials like this are deeply concerning because they criminalize life-saving work and set a dangerous precedent. Indeed, there has already been a chilling effect, with human rights defenders and humanitarian organisations forced to halt their human rights work in Greece and other EU countries.”
In a state governed by the rule of law, the authorities must respect and enforce the rights established by the Geneva Convention, the European Convention on Human Rights, and the Greek Constitution.
The refoulement of persons who attempt to enter the country in order to seek asylum, is illegal. Rescue operations at sea seek to protect the right to life of refugees seeking asylum, which is enshrined in the Greek Constitution, Article 2 of the European Convention on Human Rights (ECHR) and the EU Charter of Fundamental Rights.
This case sets a precedent for the prosecution of organisations and individuals seeking to rescue people at sea.The charges levelled and the lengthy judicial process have had the effect of discouraging individuals from participating in humanitarian operations and of criminalising humanitarianism.
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