«Fair trial for Mohammad»: Tvxs.gr interview his lawyers

Mohammad «hoped that in Europe he would have a better future and instead he is in a prison without having committed any offence under criminal law», his lawyers Alexandros Georgoulis and Dimitrios Choulis tell TVXS. «If he had to turn back the clock he would have done the same in order to save his own life and the lives of his fellow passengers in the dinghy,» they stress.

Mohammad Abdi Hanad, a Somali refugee, was arrested and sentenced in Chios to 142 years in prison for trafficking, when in fact he took control of the boat after the Turkish trafficker abandoned them in the middle of the sea.

Stelios Kouloglou, MEP of SYRIZA – Progressive Alliance, has launched an international initiative, with the support of other MEPs from different political groups of the European Parliament, to highlight the case of Mohammad and the issue of the treatment of these people who arrive at the borders of Europe at the risk of their lives in search of a better future.

The webiste for collecting signatures in support of the initiative is here.

The members of the initiative asked the Greek authorities to visit Mohammad in order to be better informed about his case and to be prepared to take action when it is heard in the second instance.

The full interview with Mohammad’s lawyers, Alexandros Georgoulis and Dimitrios Choulis:

How did Mohammad end up being sentenced to 142 years in prison?

In the case of the offence of transporting third country nationals to the borders of Greek territory who are deprived of the right of entry, for which Mohammad Abdi Hanadi is accused, we had the death of two women who were being transported. Unfortunately, Greek law is so strict that it punishes each “trafficker” with 15 years” imprisonment for each person transported and life imprisonment for each death.

- Is this a common sentence? Is it proportionate to other similar cases or is it vindictive and intended to “make an example” out of Mohammad?

The sentences are similar in any similar case of trafficking in third country nationals who lack the legal documents to enter the country. However, in most cases there is fortunately no loss of human life and as a result the sentences after the merger are in the range of 40-50 years. The sentence is not vindictive just for Mohammad but for every defendant who from being an applicant for international protection finds himself convicted as a human trafficker and imprisoned for more than 8-10 years (those sentenced to 40-50 serve 20 and remain about 8-10 years in prison).

- What should be the legal treatment of these people?

We do not think there should be any kind of penalty in such cases as it is an act that in our opinion has no penal value. They are not committing any offence as they come in boats with the intention of reaching a reception and identification centre  and applying for international protection. Since the European Union created these centres, it created them so that applicants could arrive there, be registered and have their claim examined. The fact that these centres were made on islands cannot be held against the applicants who try to reach them and register. We would have an offence if they tried to go inland by boat avoiding registration at the centers. Any movement to the islands where the centers are should be legal as they are approaching the appropriate place of registration that the EU itself indicates them to approach. So either the authorities should refrain from prosecution when the destination is the center or the center should have been set up in Turkey to avoid the need to travel at the risk of their lives.

- How is Mohammad dealing with his conviction and imprisonment? What does he hope for?

Mohammad still today cannot believe that he has reached the point of being accused and being in prison for so long for an offence that carries such heavy penalties under Greek law. This is because he had hoped to have a better future in Europe and instead he is in prison without having committed any offence under common criminal law. However, as he told us, if he went back in time, he would do the same thing in order to save his own life and the lives of his fellow passengers in the dinghy.

- How could the visit organized by MEPs help his case?

Ideally, article 30 of Law 4251/2014 should be amended. It imposes penalties on all those who drive a boat and therefore if someone touches the steering control – because otherwise their life will be lost – they will be charged with these draconian penalties. There should therefore be pressure to ensure that where the accused is an asylum seeker the penalty should be either non-prosecution or a much lighter penalty of a misdemeanour nature. Already in Great Britain in a similar case – specifically that of a man who had received money to steer the boat but was an asylum seeker – the final sentence in the Court of Appeal was set at one year’s imprisonment.