Malta: mobilization grows around 3 migrants accused of terrorism for refusing to return to Libya

For the past two years, the story of the three young asylum seekers, known as “El Hiblu 3”, has been making headlines in Malta. The three men, two Guineans and an Ivorian, are accused of having hijacked the merchant ship El Hiblu.

The scene took place on March 28, 2019. The El Hiblu ship has just rescued 108 migrants – including 19 women and 12 children – before being ordered to bring them back to Libya, which is considered a country at risk.

But the ship’s crew seemed to ignore these instructions and entered Maltese waters. The army of the small island then decides to intervene. She quickly realizes that the migrants on board have taken control of the ship to force it to set sail for Europe.

Soldiers end up climbing the El Hiblu. Three young men, then aged 15, 16 and 19, were immediately arrested, accused of having hijacked the ship. Since then, disembarked in Malta, they have to report to the police once a day while awaiting the outcome of their trial.

>> To (re) read on InfoMigrants: Migrants hijack the boat that rescued them so as not to return to Libya

Under Maltese law, they face a sentence of up to 30 years in prison. Their case is considered to be a case of terrorism. The three men pleaded “not guilty” and claim to have simply acted as translators on behalf of the 108 people on board, in order to convince the ship’s crew to head for Malta.

Their hearings are to continue throughout the month of November. The three migrants are helped in their defense: legal advisers from the Association of European Democratic Lawyers (AED), which brings together trade unions and lawyers’ organizations, stress that “international agreements, of which the European Union is a part, clearly state that Libya is not a safe place to disembark refugees and migrants rescued at sea. “

“Parody of justice”

Amnesty international calls for the charges against the three accused to be dropped. In all, more than thirty NGOs, including Alarm Phone, Sea-Eye, Sea-Watch, Pro Asyl and Leave NoOne Behind, have joined the El Hiblu 3 support campaign.

In Malta, three other local organizations consider it “a travesty of justice”. That “to prosecute a person who resists his return to a country where he risks facing a real danger of death” is absurd.

All NGOs believe that Malta seeks to continue its practice of “pushbacks“to Libya. In a joint statement relayed by the Times of Malta newspaper, they assert that the criminalization of the three asylum seekers” is one more piece in the puzzle of the systematic attempt to suppress acts of solidarity and dissent at the borders of Europe. Instead of being prosecuted, the El Hiblu 3 should be celebrated for their action to prevent the return of 108 endangered lives to Libya. Their imprisonment and prosecution constitute a deep injustice. “

Even the UN intervened in this matter. The international agency recalled in a statement security concerns in Libya and called on “the Maltese authorities to reconsider the terrorism charges against three teenagers.”

For his part, the Maltese Minister of the Interior remains inflexible. He continues to advocate the need to strengthen cooperation with the Libyan authorities, despite the country being known for its serious human rights violations.

“I was just dreaming of freedom”

The youngest of the three defendants, who is now 17, told The Times of Malta that he never imagined he could find himself in such a situation. “I was just dreaming of freedom. Now I’m afraid of being imprisoned for the rest of my life. At the moment, neither my body nor my mind is free.”

“The last time I felt joy was when my feet set foot on dry land, after being rescued at sea. But I had no idea what to expect on this land”, says the young man. He feels he feels he is being used as a political “weapon” in an unfair battle.

The three defendants also say they fear an unfair trial. This began two years ago, but those rescued were only heard by the judge very recently.

“The police and the crew of the boat were heard as soon as the boat docked. The reason that led prosecutors to wait two years before hearing a rescued person who escaped torture, rape and slavery in Libya remains a mystery “, say the NGOs.

Malta in the dock

The European Council for Refugees and Exiles (ECRE) has also published a report accusing “the (Maltese) authorities and the Maltese army of sabotage, long response times and non-assistance in their areas of rescue and research at sea. ” The report cites a series of recent cases in which authorities in Malta have been slow to respond to distress calls made by migrants at sea.

Recently, several personalities have joined the movement in support of the three migrants: the Cameroonian intellectual Achille Mbembe, the Latvian human rights defender Nils Muižnieks, or Régine Psaila, director of the African media association in Malta.

“When someone like Achille Mbembe makes a statement, the impact is enormous. It will take the matter to a whole new level,” Régine Psaila told The Times of Malta. “The commission is the voice of the voiceless, it is the fifth power to represent the oppressed.”

Methods widespread throughout the EU

Several human rights groups claim that intimidating practices by European countries are taking place across the EU.

In Italy in particular, several NGOs find themselves accused of having “aided and encouraged illegal immigration” for having rescued people in distress at sea.

The El Hiblu 3 affair recalls the story of a Somali migrant sentenced in Greece in May 2021 for trafficking in human beings. The 27-year-old man took his seat, on December 2, 2020, in an inflatable boat from the Turkish coast with 33 other people. The boat had taken the direction of the Greek islands, but found itself in difficulty shortly after its departure.

Mohamad H., “inexperienced in navigation” then tried to prevent a shipwreck and took control of the boat to “save everyone’s life”, according to the NGO Bordeline Europe. The boat had finally capsized near the island of Lesbos. Two women had not survived.

For this gesture, Mohamad H. is currently in prison. He was sentenced to 142 years in prison for human trafficking.

>> To (re) read: Greece: Somali man faces jail for rescuing migrants off Lesbos

In an interview with the New York Times, François Crépeau, expert in international law and former senior United Nations official, explains that “the criminalization of migrants as a deterrent is a strategy that has been around for a long time. The last step is what we have seen in Greece recently, namely an obscene number of years in prison for people trying to save their lives and protect their families. “