The decision of a Norwegian appeals court to dismiss the extradition of an activist accused of facilitating the illegal entry of people into Greece has been hailed as a rare victory for human rights.
In a judgment described as unprecedented by lawyers representing Tommy Olsen, the Norwegian founder of the NGO the Aegean Boat Report, the court unanimously rejected the request saying his actions were not only lawful but protected under international treaties to which both countries adhered.
Zacharias Kesses, heading Olsen’s legal team in Athens, said: “It’s a unique decision. Blocking an extradition request on the continent of Europe is unheard of, which is why this is also such a victory for human rights. Tommy was charged with monitoring and reporting people in distress at sea, an absurdity that the Norwegian court acknowledged.”
Olsen was arrested at his home in the arctic capital of Tromsø on 16 March after a European arrest warrant issued by Greece. A district court initially upheld the request. The activist challenged the ruling before the Hålogaland appeals court in Tromsø.
Explaining its decision, the appeals court cited the risk posed to Olsen’s freedom of expression – a fundamental article of the European convention on human rights – if extradition occurred. It also stated that under Norwegian law his actions, which included recording violations, communicating with refugees and assisting in asylum procedures, were not deemed to be criminal offences.
Prosecution authorities in Norway on Tuesday made clear they would not appeal against the judgment.
The Aegean Boat Report, founded by Olsen in 2017, had frequently expressed concern over the alleged practice of “pushbacks” of migrants in the Aegean. Greek authorities have always denied the forced expulsions despite evidence, described as incontrovertible, by human rights defenders.
Greek authorities, which have yet to respond to the judgment, lodged the extradition request earlier this year, claiming Olsen was running a criminal organisation to smuggle people into the country. Rights groups, including Amnesty International, had urged Norway not to extradite Olsen arguing his arrest stemmed from misuse of anti-smuggling legislation and was ultimately aimed at sending a chill through the migrant solidarity movement.
In its role as an EU border country, Greece has sought to crack down on NGOs assisting migrants. Under a law passed in February, aid workers have been singled out, with the migration minister invested with overriding power to strike NGOs from an official register with or without a court ruling. The law foresees prison terms of at least 10 years and a fine of at least €50,000 (£43,234) for members of NGOs found guilty of facilitating the entry or exit of “third country nationals” into and from Greece.
The Norwegian activist had won widespread international support. Reacting to his arrest, Mary Lawlor, the UN special rapporteur on the situation of human rights defenders, called for the case to be dropped. “His prosecution appears to form part of the longstanding and well-documented repression of people doing such work in Greece and at the EU’s borders,” she wrote in a post on X.
Following the tribunal’s decision, Human Rights Watch urged Athens to revoke the arrest warrant and withdraw all charges against the Norwegian.
Eva Cossé, the Washington-based organisation’s senior Europe researcher, said: “The court’s decision not to extradite Tommy Olsen is a victory for the work of human rights defenders, and a direct rebuff to Greece’s attempt to export its crackdown on dissent. Olsen remains at risk of politically motivated prosecution and extradition as long as Greece’s European arrest warrant remains in force.”
Kesses, the lawyer, told the Guardian it was imperative that Olsen, who was tried in absentia, was given his day in court in Greece so he “could prove his innocence”.
He said: “We will now be pushing for a trial to take place as soon as possible. The indictment against him is part of a much wider trend in which Greek police judicially harass human rights defenders, for courts to eventually find them innocent.”