Limerick man wanted for alleged human trafficking says Greek prisons 'an affront to human dignity'

Ryan Dunne

Lawyers for a Limerick man wanted in Greece on a human trafficking charge, which alleges that he attempted to facilitate the smuggling of 66 Middle Eastern people to Italy by speedboat, have told the High Court that Greek prisoners are held in conditions that are “an affront to their human dignity”.

“It’s less the staff that are running them, but (more) the prisoners themselves in groups along ethnic lines are in control of the prisons,” said Simon Matthews BL, representing Jeremiah O’Brien (55).

It is alleged that Mr O’Brien, of Yellow Brick House, Roche’s Road, Rathkeale, Limerick, and two other named persons acted jointly on November 22nd, 2017, to facilitate the transportation of 66 people, without life jackets, from an unknown desert place near Nafplio, Greece, towards Italy.

That evening it was discovered that the boat had stranded on a rocky shore near Gyalia beach close to Gerolimenas, Greece.

When Mr O’Brien was first brought before the court last November, Detective Garda Tony Keane gave evidence that the 66 people were 30 adult men (24 from Iraq, four from Syria, and two from Iran), 14 adult women (12 from Iraq, one from Syria, and one from Iran), and 22 children (12 boys from Iraq, one boy from Iran, five girls from Iraq, two girls from Syria, and two girls from Iran).

Det Gda Keane said that these 66 people paid between 4,000 and 6,000 US dollars each.

At the High Court on Wednesday, counsel for the State, Brian Gageby BL, told the court that the boat used was for pleasure purposes and had capacity for 10people, with no life jackets on board, meaning there was a risk of it sinking due to overloading.

He said it was alleged that Mr O’Brien had placed the occupants of the boat in intentional danger, meaning this came under the offence of endangerment.

On behalf of Mr O’Brien, Mr Matthews said that his objection to the application for extradition was due to the conditions in Greek prisons.

He said that the European Committee for the Prevention of Torture had prepared an "incredibly insightful" report in 2022 in terms of these prison conditions, which were sub satisfactory due to overcrowding, a lack of space, inter-prisoner violence, intimidation and an overall unsafe environment.

“What seems to be at play in all the prisons visited is that it’s less the staff that are running them, but (more) the prisoners themselves in groups along ethnic lines are in control of the prisons,” said Mr Matthews.

He said that Mr O’Brien has mental health issues and is on medication, but it was clear that the prisoners are running how medicines are being handed out.

Counsel went on to say that there are issues with access to healthcare, medical confidentiality, and a lack of integrated healthcare services.

He said there had been a lack of progress made since the report and no tangible improvement in the treatment of prisoners, who are held in conditions that are “an affront to their human dignity”.

Mr Matthews identified a lack of government funding in prisons in Greece, leading to concerns about Mr O’Brien’s basic human rights.

He asked the court to allow the Issuing Judicial Authority time to respond to the issues raised, so it can confirm the conditions the respondent would be detained in.

Mr Gageby informed the court that there was a response to the report from the Greek government which was “aspirational in terms of future efforts to reform the prison system”.

He said the response did not contradict what was in the report, although there did appear to be a differentiation in the prisons, with some not overcrowded.

Mr Justice Sean Gillane said that the underlying allegations against Mr O’Brien couldn't be more serious, and the respondent should be returned to Greece unless exceptional circumstances arose.

However, he said he wanted to seek additional information, as Mr Matthews had “crossed the evidential threshold” in his submission to the court.

It was agreed between both defence counsel and the State that a letter would be sent to the Greek authorities asking them to respond to the concerns raised about the conditions in which the respondent would be detained.

The case against Mr O'Brien, who has been granted bail, has been adjourned to January 26th next.