The Three-Member Court of Appeal in Kalamata has rejected compensation claims from nine survivors of the Pylos shipwreck who were wrongfully imprisoned for 11 months. Despite being acquitted in May of charges related to illegal entry and migrant smuggling, and the court recognising it lacked jurisdiction to try other charges of causing a shipwreck and criminal organisation, the bench sided with the prosecutor’s argument that their pretrial detention was necessary and therefore not unjust.
Lawyers representing the nine had strongly contested the ruling, citing the psychological, moral, and financial toll on their clients. They argued that the location of the shipwreck—international waters—had been known from the outset and that the Greek courts’ lack of jurisdiction had been raised repeatedly. Nevertheless, the court rejected the requests, agreeing with the prosecutor’s position that detention was warranted until jurisdictional issues were resolved.
One of the survivors, Mohammad, expressed his frustration after the decision. “I don’t care about the money, I’m free. But someone has to say an apology,” he told The Press Project (TPP), which covered the proceedings.
A long ordeal
The nine survivors endured nearly a year in pretrial detention, followed by an additional month in administrative detention after their acquittal in May. Many continue to grapple with post-traumatic stress and other mental health issues resulting from the shipwreck and their incarceration.
During the hearing, lawyers highlighted significant procedural flaws. Mohammad, the only survivor who attended Wednesday’s trial, pointed out that an interpreter was not provided in his native Egyptian Arabic. Instead, a Syrian interpreter, who had previously mistranslated their testimonies during Coast Guard interrogations, was appointed once again.
Reflecting on his experience, Mohammad said, “I would have liked to speak today. In my homeland, I graduated from law school. I knew every detail of my case, but I wasn’t allowed to explain it my way.”
The court’s rejection of compensation claims compounded a series of injustices. Following the shipwreck, the survivors were vilified in the Greek media, with publications like Proto Thema labelling them “smugglers” and “slave traders.” Colour photographs of the survivors, some taken while they were still unconscious in hospital beds, were leaked to the press before any case file had been formed. Lawyers repeatedly questioned how these images, which breached privacy laws, ended up in the media but noted that no judicial investigation was ever conducted.
Traumatic aftermath
The survivors’ ordeal began after they were rescued from the wreck of an overcrowded vessel that sank off the Greek coast in June 2023, claiming the lives of over 650 people. The nine were accused of being part of a human trafficking network and imprisoned. Their lawyers argued that they were victims, not perpetrators, citing evidence that the survivors had paid smugglers for passage and had no involvement in organising the journey.
The nine were eventually acquitted, but lawyers stressed that the damage was already done. Survivors were denied access to psychologists while in custody and endured severe mental anguish. Lawyers described their imprisonment as a continuation of the trauma they experienced during the shipwreck.
Court dismisses compensation claims
Under Greek law, individuals who are wrongfully detained and subsequently acquitted are entitled to compensation ranging from €20 to €50 per day of detention. Lawyers argued for the maximum amount, citing the severe moral and psychological harm their clients suffered. However, the court rejected their claims, citing the prosecution’s argument that pretrial detention was justified given the unresolved jurisdictional questions at the time.
“The court essentially told us that it is permissible to impose the harshest form of procedural coercion, unjustifiably depriving someone of their freedom, and face no consequences,” said lawyer Spyros Pantazis.
Mohammad, however, remained focused on the principle of justice. “Money doesn’t bring back the people we lost. I just want an apology. I have plans for the future. I want to learn Greek and return to law to defend innocent people,” he told TPP.
Broader implications
Lawyers expressed concern over the broader implications of the court’s decision. They noted that the ruling effectively undermines Article 7 of the Greek Constitution, which guarantees compensation for wrongful detention.
They also criticised the criminalisation of migration, arguing that the case reflected systemic failures in Greece’s handling of asylum seekers and refugees. “This decision was dictated by expediency, not legality,” said lawyer Chrysanthi Kaouni.
The case has left many unanswered questions, including how such a catastrophic shipwreck occurred and why the survivors were prosecuted rather than protected. Lawyers for dozens of other survivors who filed lawsuits are awaiting access to the case file. The investigation into the crew of the Greek Coast Guard vessel involved in towing the ship before it sank remains ongoing.
For the survivors, however, justice remains elusive. As lawyer Dimitris Choulis concluded, “What matters is not just compensation but accountability for the deaths of so many. The state must answer for its failures.”
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