Jurisdiction remains central question in El Hiblu 3 trial, groups say as they call for dismissal

The appeal hearing to the Bill of Indictment on the question of jurisdiction in the case of Malta against the El Hiblu 3 took place yesterday, the Free the El Hiblu 3 campaign said.The three were among some 108 migrants who were rescued at sea by the

By: independent.com.mt

Nov 06 2024
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The appeal hearing to the Bill of Indictment on the question of jurisdiction in the case of Malta against the El Hiblu 3 took place yesterday, the Free the El Hiblu 3 campaign said.

The three were among some 108 migrants who were rescued at sea by the Turkish oil tanker in late March 2019. They allegedly revolted against being taken back to Libya and forced the ship to come to Malta instead. The three were 15, 16 and 19 years old at the time and pleaded not guilty after being arraigned in Valletta soon after they arrived.

"The decision will be delivered on 22 January 2025. Abdalla, Amara and Kader, the El Hiblu 3, have been wrongfully charged with terrorist activities, hijacking a ship, threatening a crew and several other serious offences. At least four out of a total of nine charges carry life sentences," the campaign said.

"After over five years of legal and emotional limbo, a defence's plea challenging Malta's jurisdiction was presented in March 2024. The court's decision to dismiss this plea in a decision by the court on 30 May 2024 leads us to today's appeal hearing before an independent commission of Judges to review the decision. In today's hearing in the Court of Criminal Appeals on the subject of Malta's jurisdiction over events that allegedly took place on the El Hiblu 1 in March 2019, we were listening to the defence's plea on Malta not having jurisdiction over the alleged crimes. The Court will make its decision on 22 January," the campaign said.

"From all we heard in witness and expert testimonies over the past five years, a non-violent protest by the rescued migrants took place on the 27th of March off the Libyan coast resulting in the prevention of their illegal push-back to Libya and the vessel changing course towards Europe. Malta's Armed Forces stormed the ship soon after entering its own territorial waters in the morning of the 28th and declared to have found no violence going on. It is evident that the Maltese state seeks to make an example of the three young black men in order to deter others from defending their basic human rights and righteously resisting push-backs to Libya, as these forced returns are a clear violation of international law, constituting a threat to returnees' lives and wellbeing."

The El Hiblu 3's imprisonment and prosecution constitutes a grave injustice, the campaign said. "Their lives have been put on hold for acting as translators and mediators on the tanker El Hiblu 1. Instead of prosecuting them, the three young men should be celebrated for their actions in preventing the forceful and illegal return of 100 lives to unsafe and war-torn Libya. Now, in the sixth year of this emotional, psychological draining procedure, Malta has yet another chance during the appeal process to dismiss the charges before the affected get retraumatized by being sent back to prison."

"The serious allegations made by the Maltas Office of the Attorney General must now be dismissed entirely. We reiterate our demand to dismiss all the charges! It is not too late to rectify this grave injustice. Dismiss the trial! Resisting illegal push-backs to Libya is not a crime! Free the El Hiblu 3," the campaign said.

The campaign said that the statement was also endorsed by: the African Media Malta Association; Blue Door Education; borderline-europe; Border Forensics; Captain Support; CompassCollective; Coalition for the El Hiblu 3; Dance Beyond Borders; De:criminalize; #FreeHomayounIuventa-crew; Kopin; medico international; Mediterranea Saving Humans; Mission Lifeline International; Moviment Graffitti; MV Louise Michel project; LeaveNoOneBehind; PRO ASYL Bundesweite Arbeitsgemeinschaft für Flüchtlinge e.V.; Refugees in Libya; Repubblika; Resqship; Sea Punks; Sea-Watch; Searchwing; Top Manta; United4Rescue