XX/07/2023 – A Legal Vacuum. The Systematic Criminalisation of Migrants for Driving a Boat or Car to Greece

This study by borderline-europe examines the reality of anti-smuggling efforts in Greece, analysing the current legal framework as well as its practical enforcement. It shows that instead of protecting the rights of smuggled migrants and asylum seekers, these policies criminalise them and expose them to long prison sentences with the accusation of smuggling, all simply for having crossed the border by boat or car. This is made possible both by the legal framework set up in Greece and the EU, which is formulated very broadly, and further reinforced by an implementation that is characterised by gross rights violations such as arbitrary arrests, torture, abuse, coercion, and lack of access to legal support and interpretation. Individuals are typically arrested immediately upon arrival, held in pre-trial detention for months, and have very limited options to defend themselves and access support. The trials that tackle these accusations are very short and flout basic standards of fairness. Consequently, people convicted of smuggling form the second largest group by crime in Greek prisons, with almost 90% of them being third-country nationals. Given the gravity and extent to which criminalization and related human rights violations take place, there is an urgent need to address this issue.

Read the full English report here!

Read the full Greek report here!