Responding to the decision by Malta’s Court of Criminal Appeal rejecting the jurisdiction plea of the El Hiblu defence team, meaning that the court case will proceed, Elisa De Pieri, Amnesty International’s Regional Researcher said:

“Today’s decision is disappointing and a missed opportunity to put an end to Abdalla and Amara’s ordeal.

“We repeat our call on Malta to drop this case and all charges against the accused. It’s taken the authorities six years to bring this case to court, against three teenagers who acted as mediators between the El Hiblu crew and over 100 rescued people, terrified by the prospect of being illegally returned to Libya.

“Malta’s misuse of the criminal justice system to deter people from attempting to seek safety in Europe is unacceptable. This case represents everything that is wrong with EU institutions and members states’ migration policies in the central Mediterranean.

“It has been marred by human rights violations including the detention of the then children in adult facilities, their prosecution in adult courts and the failure to call key witnesses to testify and to provide adequate interpretation. The case should never have been brought to trial in the first place. It’s high time to put an end to this travesty of justice so that the El Hiblu 3 can get on with their lives.”

Criminalised for seeking refuge

In March 2019, three West African teenagers, from Ivory Coast and Guinea - aged 15, 16, 19 - boarded a crowded rubber boat, fleeing Libya together with 108 other people. After their boat started deflating, they were rescued by a private cargo ship, the El Hiblu. The ship’s captain then tried to return them to Libya, a move which would contravene international law, as captains have a legal duty to take those who they rescue at sea to a safe destination. Abdalla, Amara and Kader, were charged with “acts of terrorism” and other offences.

Today (22 January), the Court of Appeal in Valletta found that Malta has jurisdiction over the case, which must therefore continue to be heard by Malta’s criminal court.

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