Seven Years On: The El Hiblu 3 and the Future of Migrant Justice in Europe
On March 28th, 2026, marks seven years since the arrest of Amara Krumak, Abdalla Bari, and Kone Tiemoko Abdul Kader – known collectively as the El Hiblu 3 – in Malta. Their case, initially stemming from an attempt to prevent their forced return to Libya, has grow a focal point in the debate surrounding migrant rights, European border policies, and the criminalization of seeking safety.
From Rescue to Accusation: A Timeline of Injustice
In March 2019, the three teenagers, aged between 15 and 19, were among over 100 migrants rescued from a distressed vessel in the Mediterranean Sea by the El Hiblu cargo ship. The ship’s captain initially attempted to return the rescued individuals to Libya, a country widely recognized as unsafe for refugees and migrants. Faced with the prospect of persecution, torture, and other serious human rights violations, those onboard pleaded with the captain to change course. The ship then headed towards Malta, where the El Hiblu 3 were subsequently arrested and charged with “acts of terrorism” and other offences.
The Weight of Terrorism Charges and International Condemnation
The charges leveled against the El Hiblu 3 carry the potential for life imprisonment. Amnesty International has strongly condemned the prosecution, calling it “unconscionable” and highlighting the fact that the three young men were survivors of abuse and a shipwreck. The case has drawn criticism from UN experts who have raised concerns about the application of “terrorism” charges, which they state “do not appear to be based on violent or coercive criminal conduct.”
EU Complicity and the Libyan Dilemma
The El Hiblu 3 case exposes a wider issue: the European Union’s cooperation with Libya regarding migration control. The EU’s naval operation in the Mediterranean initially instructed the El Hiblu to return the rescued migrants to Libya, effectively directing an unlawful pushback. Reports indicate the EU is considering extending its cooperation with Libyan armed groups, despite their documented record of human rights abuses. This ongoing collaboration raises serious ethical and legal questions.
A Catalogue of Failures in Malta’s Handling of the Case
Over the past seven years, Malta has been criticized for failing to adequately assess the best interests of the El Hiblu 3, particularly given that two of them were children at the time of their arrest. They were detained in a high-security adult prison and subjected to adult court proceedings. Procedural issues and gaps in the investigation, such as the failure to summon key witnesses, have further undermined the fairness of the proceedings.
The Case as a Microcosm of Broader Trends
The El Hiblu 3 case isn’t isolated. It reflects a growing trend of criminalizing migration and portraying those seeking refuge as security threats. This approach is fueled by restrictive border policies and a narrative that prioritizes containment over human rights. The case highlights the urgent require for a shift in European migration policies towards a more humane and rights-based approach.
The Fate of Kone Tiemoko Abdul Kader
Currently, Kone Tiemoko Abdul Kader is in migration detention in the UK and faces potential extradition to Malta. Amnesty International opposes his extradition, arguing that it would return him to a prosecution that should never have been initiated.
The Future of Migrant Justice: What’s at Stake?
The El Hiblu 3 case serves as a stark reminder of the challenges facing migrants and refugees in Europe. The ongoing legal battle and the broader political context suggest several potential future trends:
Increased Criminalization of Solidarity
We may see a further increase in the criminalization of individuals and organizations providing assistance to migrants and refugees. Acts of solidarity, such as rescuing people at sea or providing humanitarian aid, could be increasingly framed as illegal activities.
Expansion of Externalization Policies
The EU is likely to continue pursuing externalization policies, seeking to outsource its border control responsibilities to countries like Libya and Turkey. This approach raises serious concerns about human rights abuses and the lack of accountability.
Stricter Border Controls and Detention Practices
Expect stricter border controls and increased detention of migrants and refugees, potentially leading to more overcrowded and inhumane detention centers.
Growing Advocacy for Alternative Approaches
Despite these concerning trends, there is also a growing movement advocating for alternative approaches to migration management, based on human rights, solidarity, and international cooperation.
FAQ
What are the charges against the El Hiblu 3? They are charged with “acts of terrorism,” hijacking, and other serious offences under Maltese law.
Why is the case controversial? The charges are seen as disproportionate and unjust, given that the three young men were attempting to prevent their forced return to a dangerous country.
What is the EU’s role in this situation? The EU’s cooperation with Libya on migration control has been criticized for contributing to human rights abuses.
What can be done to support the El Hiblu 3? Raising awareness about the case, advocating for their release, and supporting organizations like Amnesty International are all ways to help.
Did you know? The El Hiblu 3 received the Human Rights Defenders Award at the University of Malta in April 2024 for their bravery and solidarity.
Learn more about the case and how you can support the El Hiblu 3 by visiting the El Hiblu 3 Coalition website.
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