Photo: Demonstration against pushbacks at Piraeus Harbour, Greece. August 2022. photo by myself.
In Greece, the closure of borders in the name of “national security” and the implementation of forceful “Pushback” strategies have created a systematic environment of violence. Tragically, refugees find themselves caught in a cycle of arbitrary detention, enduring prolonged trials that may result in lifelong imprisonment. Regrettably, in Greece, refugees are stigmatized and treated as criminals upon their arrival, leading to legal proceedings on charges such as “smuggling” or “facilitating intentional unauthorized entry or passage across the border.” While these measures are purportedly aimed at preventing the entry of refugees into Europe and combatting human trafficking, they tragically expose vulnerable individuals to severe violations of their basic human rights.
One individual who experienced the repercussions of this practice is Mehmet Çelik, a member of the HDP. He was handed a sentence of 155 years in prison last year in Greece, despite the prosecutor’s plea for acquittal. Çelik had been involved in a legal case in Turkey, initially facing arrest and subsequent release, only to be sentenced to 6 years and 3 months on charges related to “membership in an organization.” In September 2021, despite the Greek public prosecutor’s recommendation for acquittal, he was sentenced to an astonishing 155 years behind bars. Alongside 153 others, Çelik paid 8,000 euros to smugglers, hoping to find refuge in Europe by boarding a boat bound for Italy.
Woman Falls into the Sea and is Lost
During his incarceration in Greece, Çelik endured the difficult separation from his pregnant wife and daughter. To make matters worse, he found out that another daughter was born while he was imprisoned. Even from behind bars, Çelik recounted the relentless pressure his family faced in Turkey. He shared the harrowing details of their journey, describing how approximately 150 refugees, alongside two individuals identified as “crew,” were confined in the cramped confines of the ship’s hold.
“After a journey of two or three days, the boat started taking on water and the engine broke down at the borders of Italy. We were stranded here from around one in the night until evening, making emergency calls for help. The captains burned plastic and tires for someone to rescue us. At the same time, we were trying to empty the water the boat was taking on with buckets. A fuel tanker ship, seeing the smoke from the burning tires in the evening, came to rescue us. During the evacuation here, a pregnant woman fell into the sea and was lost while crossing the ladder to the fuel ship. After a journey of two or three days, the boat started taking on water and the engine broke down at the borders of Italy. We were stranded here from around one in the night until evening, making emergency calls for help. The captains burned plastic and tires for someone to rescue us. At the same time, we were trying to empty the water the boat was taking on with buckets. A fuel tanker ship, seeing the smoke from the burning tires in the evening, came to rescue us. During the evacuation here, a pregnant woman fell into the sea and was lost while crossing the ladder to the fuel ship.”
Refugees, who were aboard a fuel ship heading towards Crete, have vocalized a unified aspiration to reach Italy, driven by the apprehension of being stranded at the Italian borders and facing possible deportation. The gravity of the situation amplified as several individuals, including one possessing a Turkish identification, were apprehended, shedding light on a intricate network of political affiliations and the multitude of challenges confronted by these refugees.
“The fuel ship brought us to Crete. However, we all wanted to be sent to Italy because we were stranded at the borders of Italy. Moreover, many refugees feared being sent back. We were kept on the ship for a day here. Later, they took the women to a small place in the port. They also took us, the men, there the next day, and we waited here for a week. Then they arrested a few more people, including me. I had an ID proving I am a Turkish citizen, which raised suspicion for them. I carried this ID to prove that I am a political Kurd from Turkey, with ongoing files and investigations to prove it. In my initial statement, I mentioned that I am Kurdish, a member of the HDP, that I have a political sentence in Turkey, there is an arrest warrant against me, and my wife is also being judged in Turkey for political reasons, and my entire family is under pressure. All of these are documented with evidence. Moreover, in the file, three people in custody, apart from me, stated in their testimonies that I am a refugee, a passenger.”
this decision is politically motivated
Dimitris Choulis, the founder of the Samos Human Rights Legal Project, explained the investigation processes and court decisions in cases like Çelik’s, shedding light on how they unfold. Choulis reported that the other three individuals detained in the case, along with Çelik, were also sentenced to 155 years in prison. He pointed out that thousands of refugees are imprisoned in Greece for this reason, stating, “Essentially, these decisions are politically motivated. In most of these cases, they declare someone guilty without evidence. It’s another reason for people not to come to Greece.”
This lecture dives into the concept of “truth”, as it’s being deployed or contested when it comes to exposing human rights abuses in Greece.
He wouldn’t have been accused if he weren’t a Turkish citizen.
Choulis highlighted the inadequacies in the investigative process related to cases like Çelik’s arrest and punishment, pointing out that even those actively involved in rescue efforts face charges of “smuggling.” He continued:
“The methods police use to find individuals to accuse of smuggling are sometimes random, sometimes based on gathering information from travelers. This operates through “citizen or racial profiling.” For example, if there is a boat with 10 people, and one of the refugees is Turkish, they consider the Turkish person as the smuggler. Therefore, in this case, they somehow accused Mehmet. The port police asked witnesses, “What do you know about this man?” because he is a Turkish citizen. The answer was: “He was with us below deck, not with the others, and when we were rescued, we saw him filming and telling us not to speak.”
They don’t want to investigate. They don’t want to find out who he is, who the smugglers are. Trying to find smugglers is very difficult for the police, and it requires collaboration and work between the police in Greece, Turkey, the EU, Italy, whoever it may be. It’s much easier to identify the first person and accuse them by saying they were the captain of the boat. We know that boats are given to refugees by smugglers for them to use. But the police choose just one person from the group and say, “Okay, our job is done, we arrested the smuggler, we’re happy.” This really comes from a lack of willingness to conduct a proper investigation. In my opinion, if Mehmet wasn’t a Turkish citizen, he wouldn’t have been accused.
Choulis mentioned witness statements indicating that Çelik filmed during the emergency calls for help: “Witnesses say that Mehmet was filming with his phone. He was filming to ask for help because they were in danger, but this was considered as an element of guilt,” he said. “Especially political activists in Turkey are accustomed to gathering evidence when they think they might face injustice. Therefore, if he is filming, it’s because he is trying to defend his rights and the rights of everyone else.”
The Prosecutor Believed Mehmet Was Innocent
Çelik, who appeared in court in September 2022, a year after his arrest, was sentenced to 155 years in prison for ‘human trafficking,’ despite the prosecutor’s request for acquittal. Choulis commented on the difference between the views of the court panel and the prosecutor, saying, “The prosecutor believed Mehmet was innocent because he was. The court had a different opinion.”
Mehmet Çelik’s wife, Berfin Kocakaya Çelik, mentioned that the police conducted multiple raids on their home after her husband left Turkey. Despite knowing that her husband was not at home, she described how these raids continued, applying psychological pressure on her and her children. Berfin Kocakaya Çelik stated:
“They applied psychological pressure on me and my children. My children were very scared. They searched and scattered everything in our house. There are many ongoing cases against me, and Mehmet’s arrest in Greece has made us more victimized in every way. We are also struggling financially. My children’s psychology is very bad. On one hand, their father is absent, and he is unjustly detained in a place where we can’t even visit, and on the other hand, state pressure continues here. We are going through a terrible process, and my husband is detained and punished for no reason. He was arrested as a refugee where he sought asylum. Which justice, which law accepts this? Who we are and what we are is evident with proof, and I hope the court sees Mehmet’s innocence as a political refugee.”
Çelik will appear in the Appeals Court in Chania on December 7, 2023.
The report in question was initially published in Turkish on GazeteDuvar, authored by Vedat Yeler. You can find the Turkish version of the report here.
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