Espionage charges against Seán Binder and 23 other Human Rights Defenders were annulled
On 13 January 2023, Mytilene Appeals Court Greece officially dropped charges against 24 human rights defenders. This included aid workers Seán Binder, Nassos Karakitsos, Sara Mardini. The charges stem from work carried out by the human rights defenders in Greece where they assisted in migrant crossings to the island of Lesvos. As a result, they found themselves charged with “people smuggling” as well as “money laundering”, “espionage” and “membership in a criminal organisation”.
On 18 November 2022, migrant right defenders Seán Binder, Sara Mardini and Nassos Karakitsos attended their court summons at the first instance court on Lesvos Island. The human rights defenders informed the inquisitor and prosecution that they have nothing to add. Their trial will commence on 10 January 2023 and face charges classified as misdemeanour crimes, however the felony charges are still not concluded.
On 18 November 2021, the trial of Seán Binder, Sara Mardini and Nassos Karakitsos will start at the Mytilene Misdemeanor Court in Lesvos. All three human rights defenders are accused of “people smuggling”, “money laundering”, “espionage” and “membership in a criminal organisation” and if convicted, they may face up to 25 years in prison.
Seán Bin
der, Sara Mardini and Nassos Karakitsos are migrant rights defenders who worked with Emergency Response Center International (ERCI) between 2016 and 2018. The humanitarian work of the ERCI was extensive, and included supporting more than 1000 people to reach safety, organising workshops and swimming classes for children in Kara Tepe camp for migrants, and providing residents in Moria camp in Lesvos with medical assistance. ERCI was registered as a non-governmental organisation and regularly cooperated with Greek authorities, including with the Greek Coast Guard on rescue operations.
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- 16 January 2023 : Espionage charges against Seán Binder and 23 other Human Rights Defenders were annulled
- 6 December 2022 : Migrant rights defenders Seán Binder, Sara Mardini and Nassos Karakitsos receive trial date
- 17 November 2021 : Upcoming trial of migrant rights defenders Seán Binder, Sara Mardini and Nassos Karakitsos
On 13 January 2023, Mytilene Appeals Court in Lesvos annulled the espionage charges against 24 human rights defenders, including Seán Binder, Nassos Karakitsos and Sara Mardini. The charges stem from work carried out by the human rights defenders in Greece where they assisted in migrant crossings to the island of Lesvos. As a result, they also face trumped-up felony charges of “people smuggling,” “money laundering” and “membership in a criminal organisation”.
Seán Binder, Nassos Karakitsos and Sara Mardini are migrant rights defenders who worked in the organisation Emergency Response Center International (ERCI) between 2016 and 2018. Their work within the NGO involved conducting workshops and swimming classes for migrant children in the Kara Tepe camp, providing medical assistance to residents and, most notably, aiding refugees landing on the island of Lesvos. Sara Mardini has also found fame through the Netflix film ‘The Swimmers’ which recounts her own family’s crossing of the Aegean sea.
On 13 January 2023, the Mytilene Appeals Court annuled the espionage charges against the 24 human rights defenders due to procedural flaws. Among the flaws cited was the fact that key documents, such as the indictments, had not been translated for the non-Greek speaking accused. The charges of espionage levelled against the 24 human rights defenders were also dismissed on account of their “vague” nature. The statute of limitations for the charges runs out in February 2023, which means that they will not be further pursued. There may still be future court proceedings linked to the outstanding felony charges against the human rights defenders, which the Greek authorities are currently investigating.
On 18 November 2022, migrant right defenders Seán Binder, Sara Mardini and Nassos Karakitsos attended their court summons at the first instance court on Lesvos Island. The human rights defenders informed the inquisitor and prosecution that they have nothing to add. Their trial will commence on 10 January 2023 and face charges classified as misdemeanour crimes, however the felony charges are still not concluded.
On 18 November 2021, a year ago, the trial of Seán Binder, Sara Mardini and Nassos Karakitsos, at the Mytilene Misdemeanor Court in Lesvos began. Woman human rights defender Sara Mardini was being tried in absentia because the Greek authorities had banned her from returning to the country. The case of the migrant rights defenders is not isolated, another 21 defendants are included in their court case. The case was adjourned due to the lack of jurisdiction of the court, as a lawyer is among the other 21 defendants. No date was provided for the resumption of the trial.
However, there are several further procedural issues that took place: the issued indictments were untranslated, not all defendants were issued an indictment, the issued indictments had missing pages, indictments were issued without clearly stating what offences individuals were charged with, and not all defendants were permitted to be present at their own trial.
On 18 November 2022, the other 21 defendants also had their court summons, however, some of those whom had not returned to court, warrants may be issued for them. If arrested, they will remain in custody until the trial date. In October 2020, the Greek authorities opened a criminal investigation against 21 defendants from four international humanitarian organisations assisting refugees and migrants, namely Mare Liberum, FFM (Forschungsgesellschaft Flucht und Migration), Sea Watch and Josoor on charges of “espionage, smuggling and participation in a criminal organisation”.
On 21 August 2018, Sara Mardini was arrested while leaving from Lesvos airport to Germany. On the same day, Seán Binder went to police custody voluntarily to meet with Sara Mardini and was himself arrested. Nassos Karakitsos was arrested in the following days. All three human rights defenders are accused of “people smuggling”, “money laundering”, “espionage” and “membership in a criminal organisation”. On 6 December 2018, the human right defenders were released on bail after being detained for 106 days in jail.
On 18 November 2021, the trial of Seán Binder, Sara Mardini and Nassos Karakitsos will start at the Mytilene Misdemeanor Court in Lesvos. All three human rights defenders are accused of “people smuggling”, “money laundering”, “espionage” and “membership in a criminal organisation” and if convicted, they may face up to 25 years in prison.
Seán Binder, Sara Mardini and Nassos Karakitsos are migrant rights defenders who worked with Emergency Response Center International (ERCI) between 2016 and 2018. The humanitarian work of the ERCI was extensive, and included supporting more than 1000 people to reach safety, organising workshops and swimming classes for children in Kara Tepe camp for migrants, and providing residents in Moria camp in Lesbos with medical assistance. ERCI was registered as a non-governmental organisation and regularly cooperated with Greek authorities, including with the Greek Coast Guard on rescue operations.
On 18 November 2021, the trial of Seán Binder, Sara Mardini and Nassos Karakitsos will start at the Mytilene Misdemeanor Court in Lesvos. All three migrant rights defenders are accused of “people smuggling”, “money laundering”, “espionage” and “membership in a criminal organisation”. If found guilty, they will face up to 25 years imprisonment. Sara Mardini was arrested on 21 August 2018 while leaving from Lesvos airport to Germany for the beginning of her second student year in Berlin. On the same day, Seán Binder went to police custody voluntarily to meet with Sara Mardini and was arrested himself. Nassos Karakitsos was arrested in the following days. They were detained for 106 days in jail in Greece before being released on bail. During her imprisonment, Sara Mardini was placed in solitary confinement and continued to receive death threats after her release on bail. As a result of their criminalisation, the ERCI stopped its human rights activities. The three human rights defenders reported the negative impact their criminalisation has had on their personal and professional situation, as well as their mental health.
The case of Seán Binder, Sara Mardini and Nassos Karakitsos is not isolated, another 21 people are included in their court case. Moreover, in October 2020, Greek authorities opened a criminal investigation into four international humanitarian organisations assisting refugees and migrants, namely Mare Liberum, FFM (Forschungsgesellschaft Flucht und Migration), Sea Watch and Josoor on charges of “espionage, smuggling and participation in a criminal organisation”. The only source of information about the investigation was the press published by the Lesvos Police Directorate on 28 September 2020. The criminal file and the names of NGOs under investigation were leaked to Greek media outlets and triggered a smear campaign against the NGOs, including allegations of imminent arrest of its members. At the time of writing, the file has been sent to the judge and none of the individuals concerned have received any official communication regarding the ongoing investigation against them.
Front Line Defenders is concerned about the ongoing criminal prosecution of Seán Binder, Sara Mardini and Nassos Karakitsos as it believes it is solely linked to their peaceful and legitimate work in defence of the rights of refugees and migrants as well as their role with the ERCI.
