One year since the 3 April Lesvos shipwreck: Survivor acquittal as a first step towards justice
One year ago, on 3 April 2025, eight people lost their lives in a shipwreck that occurred after a boat carrying refugees and approaching Lesvos island was detected by the Hellenic Coast Guard near the coast, off Skala Sikamnias.
On 5 March 2026, in an important step towards justice, H.M., a young Afghan father and survivor of the shipwreck, was acquitted by the Three-Member Court of Appeals for Felonies of the Northern Aegean of all charges against him related to the shipwreck: the unauthorised transportation of third-country nationals while endangering their lives and causing death; illegal entry into the country; causing a shipwreck through negligence; and multiple counts of manslaughter through negligence. He was represented by Vicky Aggelidou of the Legal Centre Lesvos (LCL) and Eleni Spathana of Refugee Support Aegean (RSA).
H.M.’s case is a somber reminder of the violence refugees and migrants face not only during their journey to Greece, but also after their arrival.
Timeline of the shipwreck
H.M. had departed from Turkey together with his wife and two young children on the night of 2 to 3 April 2025, along with other Afghan refugees. On a remote Turkish beach, smugglers forced H.M. to steer the boat, threatening both him and his four-year-old daughter.
According to H.M. and other survivors, when the boat was close to Lesvos, well within Greek territorial waters, a Hellenic Coast Guard vessel approached them. Survivors believed they had been rescued and called for help. However, as they testified, officers with covered faces shouted “GO BACK TURKEY”, while the Coast Guard vessel began circling the inflatable boat, creating large waves which, combined with the sea conditions, violently destabilised it. The boat could not withstand the impact: its bottom detached and everyone fell into the sea.
The tragic outcome was the loss of eight lives: seven confirmed dead and one child who remains missing to this day. Among the victims were H.M.’s wife and his two-year-old son.
The prosecution of H.M.
H.M. was arrested at the port of Mytilene, separated from his daughter who was in shock, and subsequently charged with serious offences with potential life imprisonment. He was placed in pre-trial detention in Chios prison, despite survivor testimonies confirming that he had been forced to steer the boat under threat and bore no responsibility. Following an appeal, he was released under restrictive conditions.
At the trial on 5 March 2026 in Mytilene, the Court examined sworn testimonies from seven survivors and heard directly from both a survivor and H.M. himself. The Court acquitted him of all charges, following the prosecutor’s proposal, recognising that H.M. had been forced to steer the boat as he had no other choice in order to protect his own life and that of his family.
The criminalisation of survivors
In cases of shipwrecks such as this one, survivors are often subjected to criminal prosecution for “illegal entry” and for acts carried out under conditions of necessity and threat, contrary to international law and national legislation. In shipwreck cases involving the Coast Guard, such as the April 2025 Lesvos shipwreck, a repeated and systematic pattern has been documented whereby survivors are criminalised, while the responsibility of the Coast Guard authorities is not promptly investigated (as also seen in the deadly shipwrecks of Rhodes in December 2024, Chios in January 2026, and Pylos in June 2023 – for which, eventually, criminal charges were also brought against senior Coast Guard officials).
The Lesvos shipwreck is not an “isolated incident”. Systematic practices of deterrence and non-rescue, in violation of fundamental legal obligations, continue to be implemented in Greece and at the external borders of the European Union, leading to loss of life. These practices must stop.
In this case of Lesvos too, according to survivors’ testimonies, the Hellenic Coast Guard, instead of promptly initiating a search and rescue operation, once again carried out a border protection operation. It did not officially notify or immediately launch a search and rescue operation with appropriate means, and lacked adequate rescue equipment, including life jackets. To date, no one has been held accountable for these violations or for the deaths.
Survivors of the shipwreck, with the support of lawyers from RSA and LCL, have filed a complaint against those responsible within the Hellenic Coast Guard for violations of their duty to rescue following the detection of the boat. The case is currently pending before the Prosecutor of the Piraeus Naval Court. Ensuring justice for the victims and survivors remains a primary demand.
Following the trial, the lawyers of H.M. stated:
Eleni Spathana, lawyer at Refugee Support Aegean (RSA):
“H.M. is yet another tragic refugee survivor who faced, in violation of fundamental principles of the rule of law, an unjust criminal prosecution, despite legislation exempting refugees from sanctions for ‘illegal entry’ when acts are committed under conditions of necessity and threat. Deterrence, non-rescue, and the criminalisation of refugees are key aspects of Greece’s and the EU’s deterrence policies, with many victims. They must stop. The protection of every human life is an absolute legal obligation and must be the primary priority in every Coast Guard operation. Accountability for deaths at sea must be ensured promptly, first and foremost by the judiciary.”
Vicky Aggelidou, lawyer at the Legal Centre Lesvos (LCL):
“H.M. lost his wife and child at sea after their boat was attacked by the Hellenic Coast Guard, and he was the one prosecuted and facing life imprisonment for their deaths. His acquittal is the only logical outcome, but accountability is still urgently needed for the countless deaths caused by Greece’s deadly border practices.”
