For the first time, the court on Crete finally decided: as an asylum seeker, he cannot be criminalized for steering his own boat!
Niom, a 19-year-old medical student, fled war-torn Sudan with his pregnant wife. When they arrived in Greece, however, they did not find the safety they were looking for. Niom was separated from his wife, detained and charged with “migrant smuggling”, threatened with life imprisonment. Simply because he was steering the boat that brought them to Greece. Niom was acquitted during his trial of July 29, 2025 – a correct verdict, but no compensation.
Like thousands of others, Niom was taken into custody immediately upon his arrival. His request to await trial on parole in order to be present at the birth of his first child was rejected. However, this need not be the case: Under certain conditions, such as reporting regularly to the police, a person can be allowed to wait outside of prison for their court date. While this is usually permitted for white European defendants, third-country nationals, especially if they are racialized, are usually automatically held in detention. This happens not only in entire disregard of the personal situation of those affected, but also despite repeated condemnation of this practice and the inhumane conditions in Greek prisons by the European Court of Human Rights. Niom’s request to postpone the trial so that his heavily pregnant wife could testify as the main witness was also rejected. This is not an isolated case, but an expression of a system that systematically denies refugees access to justice.
All the more surprising was the acquittal for Niom! The court accepted the defence’s argument that, as an asylum seeker fleeing the war in Sudan, he should not be criminalized for driving the boat. Not only does this put an end to his incriminating detention, but he can also support his wife during the birth of their child.
This decision is not only morally understandable, but above all legally demanded and in line with international law. Even Greece’s laws provide for non-punishment if it is the asylum seekers themselves who assist their own or others’ unauthorized migration. In reality, however, in Greece, it is enough to steer a boat or perform any other task on board to be found guilty of smuggling – regardless of the role or background of the person.
Last month, for the first time, there were court rulings on Samos in which the asylum status of a defendant was expressly recognized as a reason for acquittal. Now Niom’s defense was also successful with this argument. Today’s decision is therefore of great significance, even beyond the individual case. We hope that it will also have a positive impact on future cases.
We are extremely happy for Niom and his family. This ruling carries an important message: it clearly opposes the systematic criminalization of people seeking protection and should serve as a precedent for future proceedings!