Hogeschool Leiden Opleiding HBO-Rechten
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Klas: Rechten ------- Naam docent: ------
Collegejaar 2022/2023 Periode 1, kans 1
31 oktober 2022
, ESSAY 1
El Hiblu three
Whether you are young or old every person on earth has the right to a speedy trial and
will not have to wait too long for this. However, in some countries, it can take years for a
lawsuit to take place, for example, in Malta. In this essay, we will zoom in on the failings
of the legal system in Malta and the effects that this has had on the El Hiblu three.
When the migrants were rescued, including the El Hiblu three, they thought they would
go to Europe with the rescue ship, but they came on an oil tanker ship. They realized this
after they started boating. The migrants on the ship started to panic because the ship
would not go to Europe but back to Libya. Libya has been declared unsafe by many
organizations and this caused the migrants to worry1. But international maritime law
states that the migrants must be brought to a safe place. That is why the ship with the
migrants ended up in Malta. The El Hiblu three had to go to jail because they were
arrested on suspicion of terrorism2.
According to article 6 of the European Convention on Human Rights, the evidence must
be gathered before a lawsuit can take place. In the absence of evidence, no trial can take
place. Because of this, it will take longer for a lawsuit to start. So, in the case of the El
Hiblu three, they waited more than two years to hear something from the first migrant
after collecting evidence from the Captain and the crew. Also, they have not been able to
give their statement to the court, although there are sometimes clear pieces of evidence
that can be supplied by the suspects. Because of this, it can take years until the trial
takes place.
In brief, three young people, the El Hiblu tree, were fleeing to Europe. They hoped to
arrive in Italy, but they were stranded in Malta due to circumstances beyond their
control. Now the El Hiblu tree is waiting for enough evidence before a trial takes place.
How long they will wait is unapprehended, but there is hope that they will be treated
fairly soon.
1
(Mackenzie, 2021)
2
(European Council on Refugees and Exiles, 2018)
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