Across Greece, minors are increasingly facing criminal prosecution for alleged involvement in boat journeys across the Mediterranean. Under Article 25of Greek Law 5038/2023 as amended in force today, anyone who steers a boat or assumes certain roles on board may fall within the legal definition of the offence of “smuggling”. The penalties for smuggling are calculated based on the number of people allegedly transported, meaning that a person who drives, steers, or simply by assisting the driver of a boat or vehicle carrying undocumented migrants may face extremely severe charges and potentially decades-long prison sentences.
Alongside the extremely severe charges, another serious concern is that some minors may not have had any role in operating the boat at all. Due to their vulnerable situation, young people can be wrongly identified as responsible for the journey. In some cases, minors report being pressured or threatened into taking responsibility for steering the boat, even when they were not involved.
Following the above, the evidence in these cases is often contested, yet young people face severe criminal charges, long periods of pre-trial detention, and sentences that can have devastating consequences for their entire lives as well as denied access to asylum. For more detailed information of the denial of access to asylum for alleged drivers/facilitators read our joint statement.
Many are young people fleeing war, persecution, and violence. Several of them are unaccompanied minors who have experienced exploitation or abuse. Instead of receiving protection, they are placed at the centre of criminal proceedings.
The criminalisation of these young people is closely connected to another major issue: many minors are registered as adults and denied the safeguards that should protect them.
The Consequences of Being Treated as an Adult
The first registration after arrival often determines how a person is treated by the authorities. The age recorded at this stage can decide whether minors enter child protection procedures or the adult criminal justice system.
Problems during registration are not uncommon. Official documents proving age may be difficult to obtain from countries of origin and may not be accepted immediately. Statements about their age are sometimes questioned or ignored. Besides that, interpretation errors can result in incorrect information being recorded.
When a minor is registered as an adult, they may lose essential protections before their age has been properly established. They can end up detained in adult prisons, tried in regular courts where their identity and privacy are less protected, and exposed to criminal consequences far more severe than those applicable to minors (add details).
Child Rights and Legal Safeguards
Under international child rights standards, including the United Nations Convention on the Rights of the Child (UNCRC), particularly Article 3 CRC, the best interests of the child must be a primary consideration in every decision affecting children.
Where there is uncertainty about a person’s age, they should be treated as a minor until their age can be properly established.
Children have the right to:
- protection from unnecessary detention;
- separation from adults if deprived of liberty;
- procedures adapted to their age and understanding;
- proper interpretation and legal assistance;
- protection of their privacy and identity.
The failure to apply these safeguards can expose children to adult criminal proceedings, adult detention, and consequences that may last a lifetime.
A Current Case from our Lawyer
A minor detained in an adult prison for six months
A 17-year-old Sudanese minor was treated as an adult after arriving in Greece and faced criminal charges of facilitating illegal transfer.
During registration, his year of birth was recorded as 2002 instead of 2009 due to an interpretation error. From that moment, he was considered an adult.
He spent six months in an adult prison while awaiting trial.
Obtaining official proof of his age was extremely difficult. His birth certificate had to be obtained from Sudan and was only provided six months later, two days before the hearing.
Despite the absence of definitive proof that he was an adult, he remained detained in an adult prison and was denied the safeguards that should apply to children under 18. As mentioned above, under international child rights standards, any doubt about a person’s age should be resolved in favour of the child until their age can be properly established.
Following the legal defence led by our lawyer Vicky Aggelidou, the court accepted the birth certificate, recognised that he was a minor, and referred the case to the Juvenile Court.
His case demonstrates the severe consequences of treating a minor as an adult before their age has been properly established.
A Wider Pattern
This case is not an isolated incident. Previous trial monitoring across Greece has documented a broader pattern of criminalisation affecting refugee children and young people accused of facilitating irregular entry. While many of those prosecuted are young men between 17 and 26 years old, there have also been cases involving much younger children. The recent arrest of a 13-year-old following the arrival of a boat near Gavdos demonstrates how far this pattern can extend.
De:criminalize and we as Legal Centre Lesvos have repeatedly raised concerns about the treatment of minors within anti-smuggling proceedings. In numerous cases, children have struggled to have their age officially recognised, despite presenting documentation proving they are under 18. Our trial monitors have reported inconsistent and often contradictory approaches to birth certificates and other identity documents. In some cases, courts have rejected birth certificates because they were not translated into English. In others, birth certificates written in English were dismissed on the grounds that their use of English allegedly indicated they were not authentic. Such practices raise serious concerns about due process, age assessment procedures, and access to justice.
The consequences can be severe. Once treated as adults, children may face lengthy pre-trial detention, prosecution under anti-smuggling legislation, and the risk of extremely long prison sentences. Instead of being identified first as children in need of protection, they can quickly become subjects of criminal investigations based on allegations that they steered a boat, held a GPS device, or assisted during the journey.
The criminalisation of refugee children and young people under anti-smuggling laws continues to raise significant concerns regarding child protection, fair trial guarantees, and compliance with international standards on the rights of the child.