President Myriam Spriteri Debono’s answer in a recent interview was concise and well-considered: "The El Hiblu case is very important. Legally, the charges can be dismissed at any time".

On May 30, a pre-trial decision is set to be given by Presiding Judge Consuelo Scerri Herrera.

At issue is the lack of evidence substantiating alleged crimes and the lack of Malta jurisdiction over the site off the coast of Tripoli where, in March 2019, the El Hiblu 1 tanker turned course toward Europe.

These two deficiencies compromise the right to a fair trial for defendants Amara, Kader and Abdalla.

This is why human rights groups in Malta and internationally - such as Amnesty International and Human Rights Watch – are united and adamant in the call for the case to be dismissed.

Two recent milestone decisions in the courts of Trapani, Sicily and Kalamata, Greece to acquit defendants of all charges in relation to sea journeys to Europe confirm this would be the right and just choice in Malta’s court.

In Sicily, acquittals of four rescue crew members hinged on the lack of evidence for alleged crimes.

In Greece, the case against nine Egyptians was dismissed due to lack of jurisdiction.

The Pylos Case

In one of the worst Mediterranean tragedies, the Adriana trawler sank outside Greek territorial waters some 50 miles from the Greek coastal town of Pylos on June 14, 2023.

Only 104 of the 750 people on board were rescued while over 500 people are believed to have died.

Nine Egyptians were charged with human smuggling, overcrowding the boat and its shipwreck.

However, the evidence was limited and questionable and the lack of jurisdiction over the site of the mishap was crucial.

In the Kalamata Court on May 20, presiding judge Eftichia Kontaratou dismissed the Pylos 9 defendants of all charges on the basis of lack of jurisdiction.

“The shipwreck clearly occurred outside Greek territorial waters and... the jurisdiction of the Greek courts cannot be established,” she said.

“I propose that they be declared innocent”. 

Kontaratou reached this decision after questioning all nine defendants through an interpreter.

The Iuventa Case

In the Italian Iuventa case where four civil rescue crew members were charged with aiding and abetting illegal migration, the defendants were finally acquitted in April 2024 after seven years of court proceedings.

Judges based their landmark decision on lack of evidence and absence of criminal activity by NGO missions.  

Tommaso Fabbri, a former Medecins Sans Frontieres worker who was involved in this case, said: “Saving lives is not a crime, it is a moral and legal obligation, a fundamental act of humanity that simply must be done”.

The importance of these court decisions must be seen in contrast to the increasing intimidation and attempts to criminalise asylum seekers and refugee aid workers.

'Fortress Europe' is adopting more and more unsavoury means to militarise its policies and so-called ‘security’.

Military deterrence and selective migrant deterrence have become the name of the game that is riddled with double standards, macho stand-offs and violations of human rights. 

Billions of euros go to undemocratic rulers to contain migrants in North Africa, regularly desert dumping Sub-Saharan people, and coordinating Mediterranean pushbacks that increase the appalling abuse of migrants especially in the Central Mediterranean.

On a practical level, the 'Fortress Europe' strategy does not work when capital investment and work opportunities are concentrated in the north and not in many parts of the south where there is increasing economic insecurity and dire poverty.

Economic logic defies Europe’s hermetic seal.

In addition, deterrence does not work because of increasing conflict, war and climate emergencies such as the recent earthquakes in Morocco and floods in Libya.

UNHCR reports on forced displacement show record increases of over 20 million people a year globally. Clearly, we need rational humane policies that include safe, legal and economic routes to job vacancies in Europe.

Commenting on the recent important court decisions that defend human rights to safe passage and fair trials, the NGO Alarm Phone messaged: “We call for the freedom of so many other people on the move who face criminalisation in Europe. Free them all".

Yana Mintoff is an El Hiblu 3 Commissioner.