After nearly three years of temporary detention, the Three -member Court of Appeals of Kalamatajudging a case concerning the transfer of third -country nationals without the right to enter Greece, as well as illegal entry into Greek territory, accepted the objection of the Greek criminal courts, permanently ceiling on criminal prosecution against Afghan Nationals who was accused in the case.
His side claimed that the alleged offense took place outside of Greek territorial waters, that is, beyond the six nautical miles from the Greek coastline, as defined by his legislation and his interpretation. Criminal Code.
In particular, according to the defendant’s side, the facts of the case revealed that the boat, which was aboard third -country nationals, was found in a coordinator more than 12 nautical miles from Cape Tainaro – a reference point for the Greek coastal zone.
The criminal prosecution had been brought on the basis of the articles of the Criminal Code and Law 4251/2014 on the transfer of immigrants and illegal entry, however, in accordance with article 5 CC, and interpretatively on the basis of the Supreme Court’s case law, Greek criminal jurisdiction is not registered when the criminal jurisdiction is established.
In his statements to the newpost, lawyer Yiannis Glykas pointed out:
“The decision of the Court of Appeal is fully harmonized with the standing positions of the Supreme Court, which has ruled in earlier cases that the conduct of alleged transactions of immigrants to international waters, even if they end up in a Greek port due to damage to the vessel and towards Greek authorities.
The case of my client PS recalls that the awarding of justice cannot bypass the procedural and meaningful guarantees, even when the charges appear particularly serious. The prolonged detention of a man for almost three years, without finally having the conditions for criminal prosecution by the Greek courts, constitutes a loud call to revise the way such cases are addressed at the level of preliminary investigation and the prosecution. “