ATHENS, 11 November 2025 — On November 7, 2025, HIAS Greece represented A.K. and K.N. before the Three-Member Juvenile Court of Heraklion, two Sudanese citizens accused of the crimes of illegally transporting foreigners to Greece for profit and illegally entering the country.
The case regards two asylum seekers who arrived in Greece in August 2024, minors at the time. A few months earlier, they had fled the war in Sudan and taken refuge in Libya. There, living in appalling conditions and subjected to harsh labor exploitation, they quickly realized that there was no chance of them receiving protection as refugees and being able to live in safety and dignity. So, they were forced to pay Libyan smugglers to continue their journey to Europe.
In accordance with the usual and well-known tactics of smugglers, on the day of the journey the defendants were forced at gunpoint to board an inflatable boat with 50 other people, without a driver, and for three days they had to steer it themselves along with the rest of their fellow passengers, exposed to adverse weather conditions, without adequate life-saving equipment and without food and water supplies for their journey. Immediately after their arrival in Crete, they were arrested and, following summary proceedings, placed in temporary detention in a correctional facility.
Two months later, when their detention was lifted at their request, A.K. was placed in an accommodation center for unaccompanied minors under the care of a guardian, and K.N., who had turned 18 just a few days earlier, was left without any support to submit an asylum application and seek shelter in an asylum seekers’ accommodation facility, pending trial. In fact, although as an asylum seeker he had a known and registered residence in a state accommodation facility in the interior of the country, no attempt was made to serve him with a summons to appear in court, of which he was informed thanks to the efforts of his co-defendant’s appointed guardian, and he risked being tried in absentia.
The court unanimously acquitted the defendants of the charge of smuggling, accepting that their sole purpose was to reach Europe safely, where they could apply for asylum and enjoy refugee rights. Sudan is one of the main countries of origin for refugees today, with a recognition rate by the Asylum Service reaching 100%. Under no circumstances did the defendants receive money or have any connection with the smugglers. They were also found not guilty of the offence of illegal entry into Greece, as asylum seekers cannot be charged with this offence under the Geneva Convention and the Greek Immigration Code.
This decision, which fairly assesses the circumstances under which asylum seekers are forced to move and correctly applies the law, adds to the previous acquittals achieved by the HIAS legal team. We once again express our satisfaction with the Court’s sound judgment and the vindication of our clients, and we emphasize the need to end unjust prosecutions against refugees and to create safe passages that will allow them to seek protection without falling prey to smuggling rings and risking their lives.
