Another postponement of Homayoun Sabetara's appeal trial: after  576 days of waiting, his appeal hearing started today at the court in  Thessaloniki. As in the first trial, the sole prosecution witness was  absent.

Homayoun Sabetara was arrested in August 2021 after Greek authorities  stopped the car he was driving in Thessaloniki. He was subsequently  charged with "smuggling" and sentenced to 18-years in prison. His  conviction was based primarily on the written testimony of a witness who  never appeared in court. Homayoun has been held in prison ever since.

During today’s hearings, one of Homayoun's lawyers, Harris Ladis, raised  the argument that the Court failed to cross-examine the prosecution  witness, in violation of article 6 of the ECtHR. The witness was absent  and hence never questioned.

On these grounds Homayoun's legal team petitioned the Court to not read  the statement in question. However, the court decided to instead  postpone the trial to 24/09/24, in order to have time to locate the  witness.

Mahtab Sabetara, Homayoun's daughter is devasted: "My father’s lawyers  requested his release on terms due to his state of health. However, the  court turned down the request within a few minutes.”

Homayoun’s lawyer Dimitris Choulis also commented on the Court’s  decision: "The decision today is a message from the judicial system: if  you fight back we will punish you. Although we are used to this mental  torture from previous cases, it always surprises me when the judges are  so harsh with vulnerable people.”

Indeed, this is not an unprecedented outcome. Homayoun Sabetara’s case  consitutes a blatant example of the systematic criminalisation of people  on the move by Greek authorities. Currently, there are over 2,000  people imprisoned in Greece who have been convicted as alleged smugglers  on questionable evidence, people whose right to a fair trial has been  violated.

Nonetheless, confronting these violations often leads to prolonged  postponements - as the case of Homayoun confirms. “Trapped between  accepting unjust sentences or enduring prolonged incarceration, justice  is not an option for these people”, states Julia Winkler of  borderline-europe.

Homayoun’s daughter, Mahtab Sabetara, and her team of supporters have  been committed to drawing international attention to this injustice  through the #FreeHomayoun campaign. Addressing supporters and the public, Mahtab Sabetara emphasizes: "We  will continue to fight against the criminalisation of migration, and we  will turn today’s tears to strength and determination."