Criminalized for seeking a better life: The story of Homayoun and Greece's troubling policies against migrants

Unveiling injustice, amplifying voices: The migrants’ struggle in Greece

Originally published on Global Voices

Greece's controversial anti-smuggling law, characterized by severe penalties and its harsh impact on vulnerable people, has led to the detention of thousands of migrants. Rather than targeting actual criminal networks responsible for smuggling operations, the law has contributed to a significant rise in the prison population, raising doubts about Greece's  accountability in the justice system. Among them is an Iranian migrant, Homayoun Sabetara, who, despite winning an appeal, remains in prison. Mahtab, his daughter, launched the #FreeHomayoun campaign, garnering widespread attention and support to secure his release and address the many who face struggles similar to those of her father. Their plight sheds light on a crucial issue in Greece, where migrants often experience arbitrary detentions and are falsely accused as smugglers.

Homayoun's story

Homayoun had fled Iran for Istanbul and then drove to the Greek border in hopes of reaching Germany to reunite with his children. He was detained by Greek authorities in Thessaloniki in August 2021, accused of organizing the entry of seven other individuals when he crossed the Greek–Turkish border. However, he had been coerced to drive the vehicle by the actual smuggler who abandoned the group near the border.

Initially, he faced a potential sentence exceeding a hundred years. With the help of his lawyer and defense witness statements, including a plea from his daughter, his sentence was ultimately reduced to 18 years, pronounced in 2021. By September 2024, his sentence had been reduced to seven years, which allowed him to apply for early release. However, his detention and charges have been widely criticized as unjust.

A user on X expresses their support for Homayoun, stating:

Homayoun is behind bars for a crime he didn’t commit.
Migration is not a crime.
Let’s not allow this injustice to continue. Be his voice and demand justice for him and others. #FreeHomayoun #FreeThemAll https://t.co/6dduAVUA0H

— ap (@apsarfa) September 19, 2024

Homayoun's case is concerning because he was not a smuggler, but rather a victim of circumstance. He was forced to drive the seven passengers because he could only afford half the fare. He promised to pay the rest once he reached his destination, where he planned to meet his daughter. Before the journey, Homayoun and his fellow passengers spent a night in the forest without food or water. After they managed to cross the border, the police intercepted them. The authorities rushed to brand Homayoun a smuggler, despite Homayoun and the passengers denying that was the case. The others were free to go and have never been seen since.

Homayoun's court date was delayed a full year after his initial detention. During his trial, Homayoun could not understand the Greek language spoken, forcing his daughter and lawyer to arrange translators at their own expense. Several human rights organizations have highlighted that Homayoun's proceedings violated EU and Greek law, ignoring the fundamental principles for a fair trial. This has sparked widespread concern about the defendant's right to a fair resolution under international law.

Ever since Homayoun's arrest, his daughter, Mahtab, has advocated for his release, collaborating with numerous human rights and migrant rights organizations. She stated that her father was severely ill at the time of his arrest, but the authorities paid little to no attention to his frail condition despite his age of 57.

Mahtab shares a video detailing her father’s condition, aiming to raise awareness about his poor treatment by the Greek authorities.

In addition, Homayoun had just undergone cancer surgery before his arrest, raising alarming concerns about the adequacy of the medical care he would receive in prison due to the notorious lack of proper equipment and the high violence rates within the prison system. Homayoun had to wait months before finallyreceiving the desperately needed medical supplies.

Homayoun was detained in Korydallos prison in Athens, confined to a basement cell with over 20 other inmates. The poor air ventilation made his health issue worse and left him struggling to breathe. Korydallos is notorious for its inhumane treatment of prisoners, with reports of overcrowding and unsanitary conditions. Inmates are often forced to sleep on the floor without blankets or mattresses.  The cells lack hot water, and the prison's resources are insufficient to meet the inhabitants’ needs.

Politics is the issue, not the people

Homayoun's case is far from an isolated incident in Greece. This issue reflects a deeply problematic government approach towards immigrants, often quick to be criminalized instead of supported. The entry process is selective, with some individuals welcomed under the guise of humanitarian efforts while others are vilified as smugglers. This discriminatory treatment mirrors sentiments expressed by various European politicians, further fueling the demonization of immigrants and justifying austerity policies targeting them.

The intensification of border security, such as the extension of the border fence along the Evros River, a key border with Turkey, and the increased recruitment of border guards, disproportionately benefits those who scapegoat immigrants while undermining the EU's stated values of solidarity and humanitarian aid. Unfortunately, Greece's deterrence policy often labels individuals needing assistance as criminals. Greece's approach is similar to Italy's, where immigrants frequently face violations of fair trial standards. Many immigrants or refugees, upon arrival, are arrested without clear information about their case or access to legal assistance.

Detention often leads to severe sentences, averaging 44 years of imprisonment, following court hearings that average only 38 minutes. Excessive fines, amounting to hundreds of thousands of euros, are also imposed on individuals with limited or no means to contest the charges.

Corruption and injustice in Greece's treatment of immigrants

Today, Homayoun remains in Trikala Prison, even though he was informed earlier this month that he would be released within 24 hours. He has remained incarcerated since the court ruled for his release on September 25. This prolonged struggle for Homayoun has been a tough battle for his daughter and the network of activists working to secure his freedom.

Mahtab and fellow activists expressed their anger over Homayoun's continued imprisonment.

On Tuesday, Homayoun was told that he would be released from Trikala prison within 24 hours. But he is still behind bars. When he asked why he had not been released, the guards threatened to hold him even longer if he continued to question them. We are fucking angry! pic.twitter.com/qcM3m37OQR

— freehomayoun (@freehomayoun) November 9, 2024

Many other migrants, like Homayoun, suffer under policies of deterrence and arbitrariness. Among them are survivors of tragedies such as the Adriana shipwreck, specifically the Pylos 9 — nine Egyptian men among more than 700 passengers. Even though the Greek Coast Guard’s failure to provide timely and competent rescue efforts contributed greatly to the disaster, the Pylos 9 were falsely accused of smuggling. Only 104 people survived the shipwreck. The Pylos 9 were behind bars for months, and, even after their recent acquittal, they remained in detention for several more weeks.

One of the many controversial topics for this widespread abuse is the Greek state’s involvement with smuggling operations. In 2023, five police officers were arrested for allegedly collaborating with smugglers and are awaiting trial. Investigations by the Balkan Investigative Reporting Network (BIRN) revealed that some state actors are complicit in creating smuggling operations to capture smugglers working in Turkey. Further reports have even surfaced that Greek border guards are stealing over EUR 2 million from refugees, confiscating their belongings and money before turning them back to Turkey.

These are just a few examples of Greece’s deeply flawed and controversial anti-smuggling laws, further complicated by corruption and a failure to uphold justice. Hundreds, if not thousands, of migrants face similar treatment worldwide, often reduced to criminals simply because of their migrant status. The cases of migrants like Homayoun highlight how such policies violate human rights, which are integral to being protected under the European Union's values — freedom, justice, and dignity.

Yet, Greece’s authorities have contradicted these core principles.

Written by Elvis Takahashi Mantello