UN Experts Urge Malta to Drop Terrorism Charges Against 'El Hiblu 3'

According to the UN experts, panic erupted on board when the rescued migrants realised they were being returned to Libya, where they faced a real risk of torture, arbitrary detention and other grave abuses.

United Nations human rights experts have called on Malta to immediately end the prosecution of three young migrants, known as the “El Hiblu 3,” warning that the case represents a serious misuse of terrorism laws and a violation of international human rights standards.

The three—Amara Krumak, Abdalla Bari and Kone Tiemoko Abdul Kader—were among more than 100 migrants rescued in March 2019 by the oil tanker El Hiblu 1 while attempting to cross the Mediterranean from Libya to Europe. At the time, the boys were 15, 16 and 19 years old.

According to the UN experts, panic erupted on board when the rescued migrants realised they were being returned to Libya, where they faced a real risk of torture, arbitrary detention and other grave abuses. At the request of the ship’s crew, the three youths acted as interpreters and mediators, helping to communicate between the captain and the migrants.

Despite this, they were arrested upon arrival in Malta and charged with a range of serious offences, including terrorism-related crimes that could carry life sentences.

“Not terrorism under international law”

“The boys did not engage in any violence or threats,” the UN experts said, condemning the charges as unjustified and disproportionate. They also raised alarm that Maltese legislation defines terrorism so broadly that it criminalises conduct which does not meet the threshold of terrorism under international law.

The experts stressed that the case risks setting a dangerous precedent—turning acts of mediation and fear-driven resistance into terrorism charges.

Serious violations of children’s rights

The UN statement highlighted multiple procedural and human rights violations, particularly concerning the two boys who were minors at the time. All three were:

• Detained in the high-security wing of an adult prison

• Interrogated without legal guardians

• Held for eight months before being granted bail

• Subjected to irregularities during the investigation

“Malta does not appear to have respected its international obligations to protect children,” the experts said, citing failures to apply juvenile justice standards, to detain children only as a last resort, and to ensure separation from adult detainees.

Migration, fear, and non-refoulement

The experts emphasized that migrants and asylum seekers must not be punished for seeking protection or for expressing fear of being returned to unsafe countries.

They also voiced concern over the role of the European Union’s naval operation in the Mediterranean, alleging coordination with Libyan authorities to facilitate the migrants’ return—an act that could violate the fundamental principle of non-refoulement.

“There is broad international agreement that Libya is not a ‘place of safety’ for the disembarkation of rescued migrants,” the experts said. “Forcible return would breach international law.”

A wider test for Europe

Echoing the UN High Commissioner for Human Rights, the experts urged the EU and its Member States to adopt a coherent, human rights-based approach to maritime migration from Libya, warning that criminalisation and deterrence undermine international protection frameworks.

The experts confirmed they remain in contact with Maltese authorities as the case continues.