Athens, Greece–On 5 March 2026, HIAS Greece represented A.A., a Sudanese national, before the Single-Member Court of Appeal for Felonies of Eastern Crete. A.A. was accused of illegal entry and of smuggling foreign nationals into Greece.
A.A. arrived in Greece with his wife in September 2025. Upon arrival, he was immediately arrested and remained in pre-trial detention until the date of his trial. He is an asylum seeker who fled Sudan due to the ongoing war, as well as an individual persecuted because of his ethnic origin and religion, having converted from Islam to Christianity.
Prior to arriving in Greece, A.A. and his wife spent several months in Libya under extremely harsh conditions. They lived in a shelter without water or electricity, surviving only through occasional informal work. During this time, they had no access to asylum procedures. Facing the constant risk of refoulement to war-torn Sudan due to their lack of legal residence status in Libya, they had no viable option but to seek safety elsewhere.
On the day of departure, A.A. and his wife were taken to an isolated beach along with other migrants. There, smugglers randomly selected A.A. and ordered him to steer the boat. When he refused, he was severely beaten and threatened with weapons. The smugglers also assaulted his wife and threatened to rape her, leaving him with no real alternative but to take control of the vessel that would carry them to Greece.
The Court acquitted A.A., recognizing that he acted under an emergency situation and in response to the smugglers’ threats. The Court accepted that he initially complied in order to protect his own life and physical integrity, as well as that of his wife, and subsequently to ensure that the small and unsuitable vessel would not be left without a pilot in the open sea, which could have resulted in tragic consequences for all those on board.
A.A.’s case is far from unique. The tactics used by smugglers have been widely documented and remain consistent in recent years. Dozens of refugees face similar charges despite the fact that their only aim is to reach a safe country where they can seek asylum, without any intention of facilitating smuggling activities or deriving profit.
At the same time, Sudan is currently one of the main countries of origin of refugees worldwide, with recognition rates by the Greek Asylum Service approaching 100%. These realities should be taken into account by prosecuting authorities. Instead, refugees are frequently prosecuted and often sentenced to extremely severe penalties. In many cases, the only evidence consists of brief witness statements collected by Coast Guard authorities from fellow passengers who are never called to testify before the Court, contrary to the relevant case law of the Court of Justice of the European Union.
HIAS Greece welcomes the acquittal of its client and every judicial decision that recognizes the realities faced by refugees. At the same time, we reiterate the urgent need to establish safe and legal pathways for people seeking protection. Such pathways would allow refugees to reach countries governed by the rule of law without being forced to rely on smuggling networks or risk their lives at sea.
For further information, please contact Effie Thanou at effie.thanou@hias.org.
