For years, Seán Binder’s life was turned upside down because he believed people’s pulses should be checked before their passports. In January, he was finally acquitted of charges relating to his humanitarian work helping migrants and refugees at sea. [https://www.bbc.com/news/articles/c98j7n2xj1xo]
Here, he shares his story and his concerns over a new piece of EU legislation that threatens vital humanitarian work in future.
My ordeal started at about 2am one morning in February 2018, when I was arrested by the Greek police. People were fleeing conflicts at home and coming to Europe seeking safety in unseaworthy boats and I was helping the Emergency Response Center International to conduct search and rescue activities.
I was detained without understanding what exactly was happening; we were provided neither a lawyer nor an interpreter. After two nights, we were released “pending further investigation.” We continued to do search and rescue. After all, we had done nothing wrong. In fact, we continued to cooperate with the very authorities that had arrested us.
Then, in August 2018, six months after our initial arrest, my colleague and I were detained again. This time, we were charged with serious crimes, including forgery, the illegal use of radio frequencies, espionage, money laundering, being members of a criminal organization, and facilitating illegal entry….Finally, on 15 January this year, I was acquitted. The prosecutor at trial stated there was no evidence of criminality, and the panel of judges unanimously agreed that my 23 co-defendants and I were motivated by, and engaged in, legal humanitarianism.
Whilst I am delighted not to be returning to prison, it has taken far too long for this absurd prosecution to collapse. In the interim, the damage has already been done. EU states’ authorities have obstructed civilian rescue efforts, and over 32,000 lives have been lost at Europe’s borders since 2014. Meanwhile, dozens of humanitarians across Europe face similar prosecutions, obstruction, intimidation and harassment. Sadly, my case was not the exception but part of a wider pattern of states criminalizing humanitarian work.
The current effort to reform EU anti-smuggling legislation, the so-called “Facilitators Package” offers an opportunity to address some of the issues that have led to our baseless prosecution. However, the proposed revisions to the legislation might inadvertently increase the risk of criminalizing rescue workers – meaning future prosecutions will still be possible and may not end in acquittals like mine. They will also impact migrants, people of migrant origin and racialized people who all too often suffer from these policies.
As Amnesty International has highlighted, the proposal’s broad and vague provisions risk perpetuating the criminalization of refugees, migrants and human rights defenders. Any reform should clarify explicitly and in a binding manner that acts of humanitarian assistance or solidarity should be exempted from prosecution or punishment. Migrants who may have been smuggled themselves, or people assisting their family members should also be protected from criminal liability.
Through this reform, the EU has an opportunity to align with the EU Charter, UN Conventions and Smuggling Protocols, and treaties on maritime search and rescue, and to explicitly protect the right to life, the right to seek asylum, and the duty to render assistance.
As it stands, the proposal tries to expand the avenues to pursue humanitarian workers by introducing the crime of “public instigation” of irregular migration. This vague new provision could be misconstrued to harm refugees and migrants, advocates and activists protesting unjust migration laws or professionals providing legal information or assistance.
Prosecutors should focus on exploitation and violence, including by authorities summarily force people across land or sea borders.
Last year, the European Court of Human Rights found “serious evidence” of systematic pushbacks in Greece. Evidence of similar practices has been mounting across European borders. Without border monitoring, this already opaque crime becomes ever more obscure. Finally, trafficking, another cross-border crime, is arguably exacerbated by EU policy. A UN report published in 2018 found that asylum seekers in Libya face “unlawful killings, torture, arbitrary detention, gang rape, slavery, forced labour and extortion,” with apparent complicity by State actors. Nevertheless, the EU has for years financed the so-called Libyan Coast Guard.
Whether in the Facilitators Package or in its wider border policies, the EU must respect the rule of law and human rights.
The way to stop people taking dangerous journeys is providing safe and legal pathways for protection, commensurate in scale with the need for protection, and channels for regular migration for those seeking a better life. By denying safe routes, the EU pushes people into the arms and boats of smugglers and traffickers.
All the while, EU laws and narratives on stopping smugglers continue being used to criminalize migrants and people doing what they can to save lives or offer assistance. Unless the reform of the Facilitators package takes serious steps to uphold the duty to rescue and defend humanitarians, people will continue to risk jail for doing what is normal, human behaviour: helping others at risk.
Watch Seán as he discusses his case, his reflections and hopes for the future.
Listen to Séan’s full story in the first season of Amnesty’s podcast ‘On the Side of Humanity’.
[see Also: https://humanrightsdefenders.blog/2024/01/16/5-podcasts-by-human-rights-defenders/]
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