A new report by Legal Centre Lesvos and Human Rights Legal Project Samos which compares the practices of the Courts on Samos, Lesvos, Rhodes, Crete and in Thessaloniki in applying the exemption clause for migrants and asylum seekers.
In a new joint report, the Human Rights Legal Project and Legal Centre Lesvos investigate the systemic criminalisation of migrants in Greece. As of September 2025, over 2,400 people are imprisoned on smuggling charges, many of whom are asylum seekers accused simply for steering the dinghy or driving the car used to cross the border.
Under Greek law and the UN Palermo Protocol, asylum seekers should be exempt from punishment for “facilitating illegal entry” when they are seeking international protection. However, this report reveals a profound dissonance between these legal commitments and the reality of judicial practice.
Key findings include:
- Arbitrary Justice: Despite the clear letter of the law, Greek courts apply the exemption clause rarely and inconsistently, with decisions often varying by location, judge, and date.
- Systemic Failures: Most courts, particularly in Lesvos, effectively ignore the exemption clause, while courts in Samos and Crete apply it unpredictably.
- Barriers to Asylum: The criminal prosecution of migrants often leads to the suspension of their asylum applications until their trial is concluded, trapping defendants in a legal limbo.
- Lack of Fair Trial: Defendants often face trials lasting less than an hour, with limited legal aid, leading to average sentences of 46 years.
This report exposes how the anti-smuggling framework is being weaponised against the very people it is purported to protect. We invite you to read the full analysis of case studies and our recommendations for reform below.
This report is supported by Rosa Luxemburg Stiftung Office in Greece. Download the full report in English and Greek below:
