Humanising Criminal Justice: JDT at the Fair Trials Conference in Athens
- Joint Defense Team
- 20 hours ago
- 4 min read
Updated: 24 minutes ago
International Exchange on the Future of Criminal Justice
In recent days, a three-member delegation from JDT travelled to Athens to attend the FAIR TRIALS LEAP 2026 conference Humanizing Criminal Justice. Legal professionals from across the globe gathered to exchange experiences and strengthen international cooperation.
Shared Challenges in the Greek Justice System
Prison Overcrowding and CPT Warnings
The conference opened with an assessment of the Greek justice system, quickly revealing that several challenges are far from unique. One of the most pressing issues is severe prison overcrowding, which political authorities appear to be addressing primarily by expanding capacity. Greece has since become one of five countries to receive a formal warning from the CPT.
Criminalisation of Undocumented Refugees
A concern specific to the Greek context is the impact of the system on undocumented refugees. Staying in the country without legal status constitutes a criminal offence, meaning that individuals whose asylum applications have been rejected face arrest, with penalties of up to two years’ imprisonment and substantial fines.
Justice on the Frontline of the Refugee Crisis
Particular alarm was raised about proceedings in courts on the Greek islands most affected by the refugee crisis, as well as about the conditions under which lawyers are required to carry out their work in these jurisdictions.
Artificial Intelligence in Criminal Law Enforcement
EUROPOL’s Policy Plans and the European Clearing Board for Innovation
The use of artificial intelligence in criminal law enforcement was also a prominent topic during the conference. Participants were briefed on EUROPOL’s policy plans and on the existence of a “European Clearing Board for Innovation,” the composition of which remains confidential. This body is intended to facilitate discussions between EUROPOL and EU Member States on priorities for the use of AI and on the models that should be deployed.
Risks of Bias and Over-Reliance on AI in Policing and the Judiciary
Speakers warned in particular about the risk of bias, both within the AI tools themselves and among the individuals responsible for overseeing their use. Law enforcement officers, it was noted, may be inclined to focus on outputs that reinforce suspicion, while within the judiciary there is a risk that AI-generated results are relied upon too readily, without sufficient critical scrutiny.
The call on lawyers to develop unconventional lines of argument did not fall on deaf ears at JDT.
Criminal-Law Populism and Its Consequences
A concern that ran like a common thread through the various presentations was the danger of criminal-law populism, whereby political actors instrumentalize public anxieties in order to project an image of being “tough on crime,” even when the measures adopted fail to address underlying problems and may in fact exacerbate them.
Threats to Judicial Independence
Ms Margaret Satterthwaite, UN Special Rapporteur on the independence of judges and lawyers, delivered a compelling presentation on the growing autocratization by those in power and the ways in which the judiciary itself increasingly becomes a victim of this process. She identified four key mechanisms: (i) the capture of judicial institutions (for example through the reassignment of judges or the creation of new courts), (ii) the alteration of judicial competences (through regulatory changes or chronic underfunding), (iii) the instrumentalization of the justice system for personal purposes, such as intimidation, and (iv) direct attacks on judicial authorities, whether verbal or worse.
A striking example was cited from the United States, where a judge was approached at home by a litigant posing as a pizza delivery driver. Following this unwanted visit, the judge’s son lost his life. These events have since inspired other malicious actors, with several US judges reportedly receiving unsolicited pizza deliveries from unknown senders.
No Easy Answers — But a Call for Collective Action
There is no straightforward response to such alarming and terrible developments. In addition to speaking with a united voice from across the justice sector, speakers also called for a holistic approach to the defence of clients—an invitation to reflection that certainly will not go unanswered.
European Investigation Orders and Cross-Border Defence
Videoconferencing and Procedural Safeguards
In a breakout session, our team members discussed the European Commission's proposal to amend the European Investigation Order, focusing on the use of videoconferencing in preliminary hearings and court proceedings.
The SkyECC Case Before the Court of Justice of the EU
In a discussion on legal conditions, protective measures and cross-border challenges in connection with European Investigation Orders, our team members were able to contribute their experiences and present the SkyECC case they are defending, which the French Court of Cassation has now referred to the ECJ. The aim here is to finally clarify at European level how those affected by the SkyECC surveillance measure by the French and Dutch authorities can obtain effective legal protection.
Why Conferences Like This Matter - Fair Trials LEAP 2026
Such conferences are important for identifying problems, discussing solutions and developing arguments. Protecting the rights of those affected in criminal proceedings is our job as criminal defence lawyers, and as the Jonit Defense Team, we not only advocate for this cause at all times and in all places, but also actively participate in legal policy discussions. Many thanks to FairTrials for this wonderfully organised and truly inspiring conference!
