El Hiblu 3 lose appeal to have criminal proceedings discontinued

Claims regarding the lack of jurisdiction must be considered by a jury, Appeals Court holds

Abdalla Bari, Amara Kromah and Abdul Kader, known as the ‘El Hiblu 3’, had argued that the Maltese Courts retained no jurisdiction over the case inasmuch as the alleged crimes did not involve Maltese individuals and took place outside Maltese territorial waters (Photo: James Bianchi/MaltaToday)
Abdalla Bari, Amara Kromah and Abdul Kader, known as the ‘El Hiblu 3’, had argued that the Maltese Courts retained no jurisdiction over the case inasmuch as the alleged crimes did not involve Maltese individuals and took place outside Maltese territorial waters (Photo: James Bianchi/MaltaToday)

Three men charged with terrorism-related crimes have today lost their latest bid to have criminal proceedings discontinued.

Abdalla Bari, Amara Kromah and Abdul Kader, known as the ‘El Hiblu 3’, had argued that the Maltese Courts retained no jurisdiction over the case inasmuch as the alleged crimes did not involve Maltese individuals and took place outside Maltese territorial waters.

The claim had been dismissed in May 2024, with a Court today holding that such claims may only be assessed by a jury during the trial. 

The defendants had been detained and arrested aboard the El Hiblu oil tanker in 2019. The ship had been in the process of returning migrants to a Libyan port, when the rescued passengers allegedly hijacked the vessel, ordering that it be turned around and directed towards Malta.

The El Hiblu 1 had rescued more than 100 migrants from international waters, including the three young men who were subsequently charged with hijacking the ship
The El Hiblu 1 had rescued more than 100 migrants from international waters, including the three young men who were subsequently charged with hijacking the ship

It is alleged that the El Hiblu 3 led the hijacking, with Kromah, Kader and Bari all being charged with terrorism-related offences. The trio however deny the charges, claiming that they were merely serving as translators for members of the group since they were capable of communicating with the captain in English.

One of the three, Kader, is currently missing, with it being believed that he has fled from Malta.

The Court was composed of Chief Justice Mark Chetcuti and judges Edwina Grima and Giovanni Grixti concluded.

‘El Hiblu 3 are living a ‘legal and existential limbo’’

In a press conference held outside the Law Courts, a number of speakers reaffirmed that all charges faced by the El Hiblu 3 should be dropped.

Maria Pisani addresses a press conference (Photo: James Bianchi/MaltaToday)
Maria Pisani addresses a press conference (Photo: James Bianchi/MaltaToday)

Professor Maria Pisani commented that the trio are in a ‘legal and existential limbo’, with it being impossible for them to see any kind of future. She maintained that ‘they could not afford to hope’.

Former President Marie-Louise Coleiro Preca, who has long campaigned for the charges to be dropped, stated that whilst the youngsters may not have a family to support them, they retained the support of those campaigning for them. She further held that the trio ended up facing criminal charges merely because they know English and were asked to serve as translators, and that ‘instead of celebrating the courage of three youths who prevented a pushback to Libya, [they] were accused with serious criminal acts’.

President emeritus Marie-Louise Coleiro Preca (Photo: James Bianchi/MaltaToday)
President emeritus Marie-Louise Coleiro Preca (Photo: James Bianchi/MaltaToday)

All speakers maintained that the charges should be dropped and that they will continue campaigning for their release.