Activists call on AG to end the 'outrageous injustice' and dismiss El Hiblu 3 charges

El Hiblu 3 Freedom Commission members denounced the “outrageous injustice” in the case involving the three young men accused of hijacking the ship that rescued them and called on the Attorney General to dismiss the case.

We express our concerns about the unfair accusations, ongoing delays and pending indictments against the three young men, Abdalla, Amara and Kader.

The three young men, known as the El Hiblu three, hailing from Ivory Coast and Guinea, stand accused of hijacking the ship that had rescued them, by allegedly coercing the captain into not transporting them -and the rest of the 108 people his crew had plucked from the sea - back to Libya, where they feared persecution and torture.

The Attorney General is yet to decide on whether or not to indict the men on charges that include terrorist offences.

If indicted, the men will have to face a criminal trial before the superior courts and the prospect of imprisonment for life. If no indictment is filed, a magistrate will decide their case.

“The accusations are grossly unfair and traumatising for those concerned, with several carrying life sentences. The agonising ordeal is made worse by over four years of dehumanising restrictions that the three young men have to endure, such as staying 50 metres away from the shore,” the Freedom Commission said.

The members said that the three young men were imprisoned for almost eight months before being released on bail in November 2019.

At that time, two of them were minors: Amara was 15 and Kader was 16 years old. Abdalla, then a 19-year old teenager, has since become a father. 

They emphasised that for over four years and four months, the men who study and work in Malta, their families and friends, have lived in terrible uncertainty and scared that they will be remanded back into custody.

Testimonies heard in court confirm that the three teenagers were merely acting as translators and mediators between the ship's crew and the rescued people, the Commission said.

It added that the actions of Abdalla, Amara and Kader at the time and the way they have since dealt with the ongoing ordeal have been examples of integrity and courage.

“We, an independent alliance of human rights advocates, are convinced that the prosecution of the El Hiblu 3 constitutes a deep injustice. We call on Malta’s Attorney General to end this injustice, legal limbo, and terrible uncertainty. Dismiss all the charges!”

The statement was signed by the below El Hiblu 3 Freedom Commission members:

• Allison West, Senior Legal Advisor at the European Center for Constitutional and Human Rights
• Berenice Böhlo, Lawyer, President European Democratic Lawyers
• Carola Rackete, ecologist and sea rescue activist
• Dr Forsten Moritz, General Secretary of the Churches’ Commission for Migrants in Europe.
• Enrica Rigo, Jourist and activist, Founder of the Legal Clinic on Migration and Asylum, University of Rome
• Jean Zeigler, University of Geneva, Austria
• Judith Sunderland, Associate Europe and Central Asia Division Director at Human Rights Watch.
• Lorenzo Pezzani, architect, film director, researcher, and co-founder of Forensic Oceanography, Italy
• Maria Pisani, Head of Department, Youth & Community Studies, University of Malta
• Nils Muiznieks, Director Regional Office, Amnesty International.
• Ramona Lenz, Medico International, Germany
• Regine Psaila, Chairperson of
African Media Association, Malta
• Reverend Anton D’Amato, Director, Migrants’ Commission, Malta.
• Sandro Mezzadra, political theorist University of Bologna, co-founder of www.euronomade.info, Italy
• Wolfgang Koleck, General Secretary, European Centre for Constitutional and Human Rights, Berlin.
• Yana Mintoff, activist and author, Association for Justice, Equality and Peace, Malta