Abuse of the El Hiblu 3

On March 28, we marked the sixth anniversary of Abdalla, Amara and Kader arriving in Malta. Six years of dreams on hold. Six years of legal limbo. An anniversary that carries six years of pain but also six years of strength, resilience and friendship.

Abdalla, Amara and Kader reached Malta on March 28, 2019. They were arrested, accused of terrorism and put on trial. They were among 100 migrants rescued by the tanker El Hiblu 1, which afterwards attempted to take them back to Libya – a place from which they had just escaped.

Some threatened to jump overboard in fear. Fifteen-year-old Amara, who learned English in a Catholic school, interpreted for between crew and migrants in this tense situation. Abdalla (19) and Kader (16) helped him calm the situation. The three youngsters hadn’t known each other until that moment.

Eventually, the tanker had to turn around towards Malta. The armed forces stormed the ship upon entering Maltese waters in the early morning of March 28, finding no violence going on. Regardless, once the tanker had docked, Abdalla, Amara and Kader were arrested and accused of severe crimes, including terrorism and hijacking a vessel.

After seven months of detention, they were released on bail – marking the beginning of their ongoing legal limbo. The ‘El Hiblu 3’ maintain a stable lifestyle limited by restrictive bail conditions. After work, they register at the police station, go home, pray, cook, rest and start over. Once a month, this rhythm is disrupted when they are requested to attend court. This has become their sad normality over the last six years. 

In February 2021, the El Hiblu, renamed Nehir, was found to be carrying over 1.8 tonnes of cocaine. Despite attempts by the crew to sink the vessel, the Spanish police managed to recover the illegal cargo from Salah El Hiblu’s ship. The El Hiblu 3’s defence said the owner would have been aware of the vessels’ doing, questioning his testimony’s credibility in the El Hiblu trial and the grounds for Malta to continue the trial against the three young men.

Two years into the evidence gathering, the authorities, military and crew had testified. Yet, only upon request of the ‘El Hiblu 3’s defence were fellow travellers of Abdalla, Amara and Kader summoned to court. In total, 14 passengers were found to testify, confirming what the El Hiblu 3 had always maintained: that they are innocent.

In spite of tremendous international support from legal scholars, politicians and human rights actors, the attorney general filed charges in November 2023 against Abdalla, Amara and Kader, formalising all nine preliminary charges. By then, the UN high commissioner for human rights, President Emeritus of Malta Marie Louise Coleiro and Pope Francis had taken a stance in the El Hiblu 3 case.

On November 6, 2024, Abdalla and Amara were due back in court. Julienne from Dance Beyond Borders came to attend and sat inside a courtroom for the first time: “Reflecting on my own privilege, I was struck by my naivety; I had never grasped the rigour of courtroom decorum – strict rules for attire, behaviour and conduct. The formality unsettled me. I usually associate such attire with celebrations and ceremonies. It felt oddly incongruous, almost surreal, to see people so formally dressed for a hearing of a trial that should never have started. Absorbing the scene, I couldn’t help but feel the weight of it all – how the fates of Abdalla, Amara and Kader rest in the hands of judges elevated on their platform – supporters, lawyers and the defendants layered below them. Sitting there, I felt a strange disconnect – the proceedings presented as precise and factual, yet it’s clear that facts can be moulded to support varying perspectives.”

This hearing was exploring the question of whether Malta should be allowed to proceed over events that took place on the El Hiblu 1 in March 2019, as the alleged crimes happened outside of Malta’s territorial waters and thus beyond Malta’s rightful authority to prosecute. The defence argued that what is being called “terrorism” was actually a non-violent protest by migrants, who rightly protected themselves from an illegal return to war-torn Libya.

Malta, a nation of seafarers, has turned its back on those in need

On January 22, 2025, we entered the courtroom again, hoping for a positive decision on the matter of jurisdiction. Our hope quickly shattered like a fallen glass. Within seconds, the Court of Criminal Appeals confirmed the decision of the Maltese Criminal court, dismissing the appeal. The large group of supporters, together with Amara and Abdalla, left the court in consternation.

The case of Malta against the El Hiblu 3 had been split into two different proceedings after Kader didn’t appear for a hearing in winter 2023.

While Abdalla and Amara continued their frequent visits in the courts of Valletta, Kader was not seen until he reappeared in February 2025 in the UK. He was arrested. The young man from Ivory Coast, whose dream of becoming a footballer was shattered by a fall from a construction site in Valletta, had never given up hope for an independent life. He will remain in custody in England until a decision on his extradition will be made in September.

Migration is a part of Malta’s culture and history, the country and its people shaped by movement and colonisation. In that context, Malta’s strategic negligence towards people in distress as well as the criminalisation of migrants seems even more bizarre.

While Malta has a unique geopolitical position, with a vastly expanded SAR (search and rescue) area that stretches far across the Mediterranean, covering 260,000 square kilometres,, the country has failed to ensure timely rescue and safe disembarkation of people in distress at sea.

Malta excels, however, in cooperating with Libyan so-called authorities to intercept migrants and forcefully return them to Libya – a place described by international organisations as “hell on Earth” for people in distress.

Aditus, Amnesty International and Human Rights Watch have criticised Malta for its shortcomings, underscoring the urgent need to reassess its policies and assume responsibility for those seeking help within its waters.

However, the opposite is in fact happening. Prime Minister Robert Abela just called for a revision of the European Convention on Human Rights, targeting the rights of asylum seekers.

Malta, a nation of seafarers, has turned its back on those in need, neglecting its duty to rescue – choosing indifference over humanity. Alongside the four-year-old Loujin, who died of thirst after being adrift for days in Malta’s SAR region, countless others have lost their lives due to pure neglect.

We want to say thank you to Abdalla, Amara and Kader for preventing an illegal pushback and probably worse. We feel appalled at Malta’s hypocrisy and shamelessness, abusing teenagers for their political games. Their prosecution is in line with other European attempts at weaponising the law against migrants, making examples of individuals for the purpose of deterrence. 

On the sixth anniversary of the El Hiblu 3’s arrival and arrest, we demand: Drop the charges. Free the El Hiblu 3.

Jelka Kretzsxhmar

Julienne Schembri

Jelka Kretzschmar and Julienne Schembri are part of the Free El Hiblu 3 campaign.