LONDON: Human rights groups have raised concerns that the upcoming trial in Greece of nine Egyptians who survived the Pylos shipwreck in 2023 may not be fair.
The nine are charged with “smuggling, aggravated by the deaths of passengers, causing a shipwreck, irregular entry, and forming and membership of a criminal organization,” with the possibility of multiple life sentences if convicted.
However, while the trial is set to commence on May 21, an investigation into the culpability of Greek authorities over the disaster, which killed at least 600 of the 750 passengers aboard, is only at its preliminary stage.
Amnesty International and Human Rights Watch warned the mismatched timing of the process jeopardized the chance of a fair trial.
Judith Sunderland, associate Europe and Central Asia director at HRW, said: “There’s a real risk that these nine survivors could be found ‘guilty’ on the basis of incomplete and questionable evidence given that the official investigation into the role of the Coast Guard has not yet been completed.”
She added: “Credible and meaningful accountability for one of the worst shipwrecks in the Mediterranean needs to include a determination of any liabilities of Greek authorities.”
The overcrowded vessel sank in Greek waters on June 14 last year, carrying people mainly from Egypt, Syria and Pakistan.
Both HRW and Amnesty subsequently accused the Hellenic Coast Guard of culpability, and there have been numerous allegations that a patrol boat caused the disaster after it tried to tow the stricken migrant vessel.
So far, 53 survivors have come forward as part of a case brought against the Hellenic Coast Guard in front of the country’s Naval Court, which began in June last year but has made little progress.
However, the “Pylos 9” have been accused of being smugglers in charge of the vessel that sank and therefore culpable for the disaster.
They were arrested on June 15 following testimony by nine other survivors of the disaster blaming them, which was compiled and submitted by Coast Guard investigators. They deny the charges.
In a statement, HRW and Amnesty said: “There are real concerns regarding the respect of fair trial standards based on questions about the integrity of the investigation and evidence.
“The speed at which the investigation against survivors was concluded, and the Pylos 9 defense lawyers’ lack of access to the Naval Court case file compound these concerns.”
Investigations by Lighthouse Reports and Solomon also found eyewitness testimony compiled by the Coast Guard contained identical accounts of the accident, which omitted details about the patrol boat later submitted to a public prosecutor in Kalamata.
Another witness told HRW and Amnesty their testimony had been altered by the Coast Guard to omit the claim that the patrol boat caused the disaster.
The defense team for the nine Egyptians has also claimed requests for evidence for the criminal trial, including data from survivors’ mobile phones confiscated by Greek authorities, have been denied over questions into the jurisdiction of the Naval Court investigation.
“The defendants’ lawyers have been unable to gain access to the investigation file before the Naval Court despite its clear relevance to preparing the defense,” Amnesty and HRW said.
“The judge also rejected motions by defense lawyers to take testimony from additional survivors, and to acquire the communications between the Hellenic Coast Guard, Frontex and the Greek Joint Rescue Coordination Center, and aerial photos of the boat prior to the shipwreck.
“The Kalamata court should guarantee that the Pylos 9 receive a fair and impartial trial, and that their full due process rights are upheld and respected. The Naval Court should advance investigations promptly, effectively and impartially and ensure the safe and effective participation of the largest possible number of survivors and relatives of victims and full collection of evidence,” they added.
The groups also highlighted the tendency for Greek authorities to blame people from ethnic minorities for smuggling and people trafficking, citing a study that said that as of February 2023, 90 percent of the 2,154 people detained in Greece on smuggling charges were “third country” nationals.
“Time and again, in Greece and in other countries, racialized people who are seeking to travel to Europe end up being the only ones facing accountability in the context of migration movements,” said Adriana Tidona, migration researcher at Amnesty International.
“The Pylos investigations and trials must serve as a turning point for this dangerous trajectory.”