A recent development from Greece caught the attention of legal circles globally – a Greek judge absolving nine Egyptian men of charges stemming from a deadly migrant boat wreck near Pylos that occurred in 2023. This judgment came on the grounds of lacking legal jurisdiction to try the case, as the incident happened in international waters.[1] The incident had a profound impact on the European Union’s border protection and asylum operations.
The decision of dismissal was given by Eftichia Kontaratou, the president of the court of appeal of Kalamata, following a recommendation from prosecutors. Subsequently, the nine defendants were released from pre-trial detention.[2] Local media sources report, had they been convicted; the defendants could have faced life imprisonment.[3]
In 2023, survivors of the wreck lodged a criminal complaint against Greek authorities in a Greek court. They claimed that the authorities did not provide adequate aid to the wrecked boat’s passengers and instead chose to tow the boat to port. This action allegedly resulted in the sinking of the boat[4] and an estimated loss of over 500 lives while moving between Libya and Italy. Only 104 people survived[5]. The Council of Europe Commissioner for Human Rights was among the critics of Greek authorities’ actions[6].
A similar Italian case concerning the insufficient rescue of thousands of migrants in the Mediterranean Sea was also dismissed, however, due to lack of evidence and absence of any criminal activity[7].
It is worth noting that the European border agency, Frontex, has reported that 2023 saw the highest number of irregular border crossings in recent times. A majority of these irregular migrants used a central Mediterranean route to reach Europe, which contributed to 157,479 irregular arrivals that year[8].