Six smugglers jailed for manslaughter over worst Channel small boats disaster

Image source, AFP via Getty ImagesImage caption, File photo from 2021 of a beach in northern France used by migrants to attempt the Channel crossing to England.

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At the end of a four-week trial in Paris, the six were convicted of "involuntary homicide" and given prison terms of between six and 10 years.

Seven others were given lesser sentences of up to four years, and one person was found not guilty.

O barco afundou cedo pela manhã em 24 de novembro de 2021, depois de enviar chamadas de socorro para as guarda-costas francesa e britânica. Os mortos, incluindo uma criança de sete anos, eram principalmente curdos iraquianos, mas também incluíam afegãos, egípcios e curdos iranianos.

O boletim de acusação disse que os migrantes foram lançados ao mar a partir da costa francesa em um barco “que era de má qualidade, não certificado, inadequado para navegação no mar, sobrecarregado e sem coletes salva-vidas corretos.”.

The trial established that the guilty men were members of two separate networks – one of which was Iraqi Kurd, the other Afghan – that co-operated to organise the cross-channel journey and bring migrants to the meeting point.

Unusually the court was attended at the start by several family members, who came to France from Iraqi Kurdistan and gave moving testimony about how the victims came to be on board the boat.

Image caption, Some of the victims (from left): Mohammed Hussein Mohammedie, Mhabad Ahmad Ali, Bilind Shakir Baker, Shakar Ali Pirot, Bryar Hamad Abdulrahman, and Hasti Rizghar Hussein.

Falando após o veredicto, o advogado Matthieu Chirez disse que a decisão "vem como um alívio para todos os autores civis, pois confirma a responsabilidade penal dos traficantes.

He said the trial had "humanised the families of victims.

One family member, Zana Marmand Muhammed, told the court how his younger brother Twana had "wanted to go to England to find a job and because the geopolitical situation with us is dangerous.

Ninguém na família queria que ele partisse, mas não conseguimos dissuadi-lo.

Nabi Mustafa Mina, the father of Zanyar who was 19 when he died, told of how he tried to dissuade his son from leaving.

Eu disse que o ajudaria a se casar, que lhe daria minha casa, que dividiria meu salário ao meio. Mas não, ele disse que queria uma vida melhor, que conseguiria de alguma forma.

The family-members explained how they had paid a deposit at a bank in Iraqi Kurdistan and then followed their loved ones' progress through Turkey, Italy and then France.

In one of the last messages from Twana, he posted a picture of himself at the Eiffel Tower.

O tribunal também ouviu uma declaração de um dos dois sobreviventes, Issa Omar, lida por seu advogado. Omar disse que ele "queria aparecer perante o juiz, mas não tenho força.

Since the wreck I have the impression that part of me disappeared beneath the waves.

His lawyer Matthieu Chirez said that Omar had "clung to floating bodies, to a life-jacket. He survived by keeping his eyes open so as not to go to sleep, and swimming to keep his heart beating.

Image source, AFP via Getty ImagesImage caption, Lawyer Matthieu Chirez (C) said the verdict had come as a relief to victims' families.

Police investigating the disaster used phone tracking to identify members of the two networks.

As figuras menores foram acusadas de abrigar migrantes, transportá-los pela França até o acampamento chamado “jungle” fora de Calais, e ajudar na noite da partida.

The alleged leader of the Iraqi Kurd network – named as Bashdar – was not a defendant in the trial. He is in custody in Iraq. His close aide – Harem Ahmed Abawaker – was given eight years in prison.

The biggest sentence, of 10 years, went to Obaidullah Maroofkhel, who ran the Afghan network. He was tried in his absence along with one other defendant.

A maioria dos 14 eram afegãos ou curdos iraquianos. Todos, exceto um, dos réus compareceram ao julgamento como homens livres, então, após o veredicto, o tribunal emitiu seis mandados de prisão.

A separate police investigation is under way into seven members of the French armed forces for allegedly failing to come to the help of the migrants on the night of the disaster.

The seven were at the regional sea rescue centre or on board a navy ship, and are alleged to have ignored distress calls from the boat. A decision on whether to recommend them for trial will be taken in the coming months.

France had already signalled that the year-long programme, which has seen a little more than 1,000 migrants switch country, was not producing expected results in breaking the traffickers' business model.

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