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”.