• Participation in criminal activities of organized criminal group
Degree of Involvement
• Overt act in furtherance of agreement
• Knowledge of aim or activities of the organized criminal group or its intention to commit the crimes in question
• Enabling illegal entry
• Financial or other material benefit (to smuggler)
• Inhuman or degrading treatment
Decision no. 108/2013
Date(s) of offending: on/from TBC - at least early 2010 to at least 21 August 2011
The defendant was the subject of an European Arrest Warrant (EAW) issued by Germany, whereby Greece was requested to surrender the subject for prosecution in Germany.
The defendant was accused in Germany of membership in an organised criminal group and facilitation of illegal entry, with the purpose of obtaining a financial benefit thereby. Specifically:
- The organised criminal group was composed by an undetermined number of individuals, with allocated tasks. It arranged the smuggling of migrants, in several ventures, from Greece to Dresden (Germany). The activities of the organised criminal group had an expectation of durability.
- Irregular migrants were mostly Afghans and nationals of Arab countries.
- The smuggling ventures were carried out through an altered touristic bus with Greek licence plate, which integrated a hidden compartment to conceal the irregular migrants. Migrants travelled in that location for several hours, in inhumane conditions.
- In each smuggling venture, the organised criminal group resorted to up to 28 persons who posed as tourists so as to avoid suspicions were the bus to be intercepted by law enforcement.
- The defendant was one of the persons who posed as tourists, having received 100 Euro per smuggling venture. She joined the organised criminal group at least before 6 March 2011.
- At least five separate smuggling ventures were accounted for in which the defendant participated:
- 18 April 2011 – 12 irregular migrants;
- 10 July 2011 – 12 irregular migrants;
- 7 August 2011 – 8 irregular migrants;
- 14 August 2011 – 11 irregular migrants;
- 21 August 2011 – 12 irregular migrants.
The defendant was detained in Greece as a result of the EAW but did not consent to the surrender to Germany.
The Court of Appeal of Thessaloniki (Greece) denied execution of the EAW.
For further details see “Commentary”.
Commentary and Significant Features
... based on
... as involves
Application of the Convention
• involved an organized criminal group (Article 2(a) CTOC)
• occurred across one (or more) international borders (transnationally)
• Criminal Police, Public Prosecutor
• Mutual legal assistance
International cooperation was based on multilateral treaty:
Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States.
Cooperation measures involved:
European Arrest Warrant of which Germany was the issuing State and Greece was the executing State.
Pre-trial (decision on execution European Arrest Warrant)
Official Case Reference:
01 January 2013
Court of Appeal of Thessaloniki (in Council)
On 14 January 2013, the Public Prosecutor of Dresden (Germany) issued an European Arrest Warrant against the defendant, requesting Greece to surrender her for prosecution in Germany. On 5 February 2013, the Public Prosecutor of Thessaloniki referred the request to the Court of Appeal of Thessaloniki. The defendant had been detained accordingly. She did not consent to the surrender.
Execution European Arrest Warrant denied
Total number of migrants is 55 from Arab countries and Afghans.
Defendants / Respondents in the first instance
Permanent resident in Greece.
The Defendant did not consent to the surrender
to Germany, in the terms of the corresponding European Arrest Warrant.
Charges / Claims / Decisions
Article 88 (1) (b)
Smuggling of migrants
Article 187 (1) (in conjunction with Articles 45 and 94 (1))
Membership in a criminal organisation
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