A German MP is questioning why the El Hiblu three are being blamed for doing their utmost to prevent having to go back to the known horrors of Libya.
Awet Tesfaiesus, who is part of a working group on migration and the first black woman elected to the Bundestag, was in Malta this week to observe proceedings being brought against Abdalla, Amara and Kader, who have been accused of what amounts to terrorism while they were still teenagers.
The case dates back to 2019 when a group of migrants were rescued in the Mediterranean by the oil tanker El Hiblu and were en route to Libya before the vessel was allegedly “hijacked” and diverted to Malta.
The case against the three, who were 15, 16 and 19 at the time of the incident, has garnered international condemnation with repeated calls for the charges to be dropped.
Speaking to Times of Malta, Tesfaiesus said that the cross-party working group had taken interest in the case due to the serious nature of the charges as well as the young age of the men being accused of them.
“I myself came to Germany as a refugee when I was a child, so I know the situation,” she said.
“I studied law and have always felt that I have a responsibility to help because I myself found a lot of people to help me and my family when we were in that situation.”
Tesfaiesus said it was questionable how authorities had seen fit to charge the El Hiblu three with terrorism without fully contextualising the situation.
“What is really incredible about this case to me is that we are talking about children who are fleeing from Libya,” she continued.
“We all know what happens in Libya, the torture and the rape. We know about the Libyan coast guard shooting at refugee boats. And we are still blaming them for trying to flee for their life?”
“Even examining the case, they’re accused of being terrorists and of hijacking the vessel, but that this was done by a 15-year-old boy with no weapons or guns? Not to mention that it has been three and a half years and they are still waiting for justice. I don’t think things should be this way in Europe.”
Tesfaiesus was also critical of the fact that the three accused have been charged as adults when the incident occurred while most of them were still minors.
“When a 15-year-old boy is arrested, which of course can happen in diverse situations, they shouldn’t be treated and placed in the same institutions as adults. They should not be left without schooling or support for years and left to fend for themselves. We recognise that there is a difference between a 15-year-old boy and a 25-year-old man and so should the judicial system.”
Addressing the ongoing issue of migrant rescues in the Mediterranean, Tesfaiesus said the European Union was “failing” its responsibility to safeguard lives.
“I don’t want to point a finger only at Malta, because I think we all share this responsibility as Europeans,” she said.
“All of us as the European Union are failing in this responsibility, we are seeing children dying at sea and closing our eyes to the reality and that’s inhuman.”
“As soon as we know that people are in danger we are obliged to rescue them and it’s illegal to say no. And while Malta is closing an eye to this, I think so is the European Union because they can say okay Malta, rescue them and they can come to Germany or they can come to France or any country really, but that’s not really happening.”
Tesfaiesus also pushed back against common arguments that Malta is “too small” to accommodate asylum seekers the country is also reporting a shortage of workers across multiple industries.
“In my constituency, I have met many business owners who told me they have had to close their shops because they cannot find employees and as far as I understand there is a similar situation in Malta,” she said.
“Malta is happy to bring people from Asia or South Asia because they need them as workers, but on the other hand, here are these refugees who are left to die and even if they do make it, they have no perspectives.
“I am learning that even the second generation who are born in Malta, raised in Malta and see themselves as Maltese don’t even have a chance to gain citizenship. So, I don’t think it is a matter of space. We need these people and if we don’t act now, five or 10 years down the line it’s going to become a massive economic problem. So, for me, this argument of space doesn’t really hold water.”
While maintaining that she doesn’t believe that the judicial system shouldn’t be influenced by politics, Tesfaiesus said that the public should watch the outcome of the case closely and be mindful of how these events have impacted the lives of these youths.
“I had a chance to meet them and they’re really nice young men, they work, they pay their taxes to have a decent life,” she said.
“But of course, they are still in a very bad situation. They’re afraid and their families are frustrated because they don’t know what’s happening.”
“As a mother myself, I can only imagine what it’s like to see your child in such a situation. They’ve been left in the dark while staring down a life sentence in prison. Being in this situation for three years, it’s a big toll to be left with.”