Judges recused from Eritrean people smuggling criminal case

A panel reviewing judicial impartiality at the District Court of Overijssel has decided that the bench overseeing the case against Kidane H. must be partially reconstituted. H., an Eritrean suspect, is considered a central figure in a major human smuggling operation transporting migrants from Eritrea to Europe through Libya.

On March 31, his attorney, Robert Malewicz, sought the removal of two judges, including the chair, arguing they had already been involved in a related case against co-defendant Amanuel W., which concluded with a conviction and the maximum sentence of 20 years in prison.

This led to what was characterized as a legitimate concern, from an objective standpoint, that the court might be biased against H. The recusal panel found this argument persuasive. However, the judges involved saw no reason to step aside.

Authorities launched their investigation into the smuggling network in 2018. Members of the Eritrean community in the Netherlands were pressured into paying money to free relatives held in Libyan detention camps, where widespread abuses, including torture and sexual assault, were reported. H. is suspected of having overseen one of these camps.

In 2021, Kidane H. fled during a hearing in Ethiopia, where he was being tried on human smuggling charges and was subsequently sentenced in absentia to life imprisonment. He was apprehended in Sudan in 2023 and then convicted of money laundering in the United Arab Emirates, receiving a custodial sentence. After serving time there, he was extradited to the Netherlands.

Judges originally planned to try H. and W. together, but proceedings were separated because H.’s extradition took too long to complete.

A procedural hearing in H.’s case has been set for May 18, though it remains uncertain if it will proceed, said defense attorney Sophie Hof. During that session, the lawyers were expected to present their requests for additional lines of inquiry.