25 June 2026–Athens:
On 24 June 2026, HIAS Greece represented M.A., an unaccompanied minor from Sudan, before the Three-Member Juvenile Court of Chania. The minor had been charged as an accomplice in the illegal transportation of third-country nationals for profit, as well as for illegal entry into Greece.
The minor arrived in Greece in January 2025 at just 15.5 years old, unaccompanied. He had previously fled the war in Sudan, where he witnessed the killing of family members as a result of the ongoing armed conflict, and made his way on foot to Libya. In Libya, where no system for the protection of refugees and asylum seekers exists, conditions are marked by serious human rights violations, including arbitrary detention, torture, sexual and labor exploitation, and enforced disappearances.
With no alternative, the minor was forced to pay smugglers to continue his journey to Europe, with the sole aim of seeking international protection and safety. In line with known smuggling practices, on the day of departure, he was forced at gunpoint to board a wooden boat along with 47 other individuals, not being involved whatsoever in navigating or operating the vessel.
Upon arrival in Crete, he was arrested and placed in pre-trial detention in an adult detention facility, despite having immediately denied any involvement in the alleged offences and having declared his minor age from the outset. His case was initially scheduled to be heard before an adult court, alongside two adult co-defendants.
In July 2025, before the Single-Member Court of Appeal of Crete in Chania, HIAS Greece raised an objection regarding his minority status, submitting supporting documentation from his country of origin. The Court accepted the objection, referred the case to the competent Juvenile Court, and ordered his release, nearly six months after his arrest.
Subsequently, the minor was placed in a shelter for unaccompanied minors under the care of a legal guardian. He underwent the asylum procedure and was recognized as a beneficiary of international protection, obtaining a residence permit while awaiting the substantive examination of his case before the Juvenile Court.
The Juvenile Court of Chania acquitted the defendant of all charges. Specifically, it found him not guilty of aiding illegal transportation, concluding that neither the objective nor the subjective elements of the offence were met. The Court also acquitted him of illegal entry, applying Article 31 of the 1951 Geneva Convention, which prohibits the imposition of criminal penalties on refugees and asylum seekers for unlawful entry, taking into account that the Greek Asylum Service had already granted him international protection.
Sudan remains one of the primary countries of origin for refugees today, with recognition rates by the Greek Asylum Service approaching nearly 100%. In this case, it was established that the minor had neither received any financial benefit nor had any connection with smuggling networks.
This decision constitutes another important legal vindication, acknowledging the circumstances under which asylum seekers are forced to move and correctly applying the relevant legal framework. It adds to a growing number of similar acquittals secured by the legal team of HIAS Greece.
HIAS Greece expresses its satisfaction with the Court’s judgment and the vindication of the minor, while once again underlining the need to put an end to unjust criminal prosecutions against refugees and asylum seekers. It further highlights the urgent need to establish safe and legal pathways that enable those seeking protection to do so without falling prey to smuggling networks or risking their lives.
For more information:
Vasia Katsiki
Vasia.katsiki@hias.org
