Italian court drops all charges against O.B.!

O.B., a Congolese woman, arrived at Bologna Airport with her 8-year-old daughter and 13-year-old niece, using false passports: the only way to reach safety. She was arrested upon arrival, separated from the children, and charged with facilitating unauthorized migration, facing up to 15 years in prison.

Her defense referred the case to the Court of Justice of the European Union (CJEU), questioning the compatibility of Italian “anti-smuggling” law - and the EU legislation - with the Charter of Fundamental Rights. In a landmark judgment on June 3, 2025, the CJEU ruled that supporting someone under one’s care enter the EU is not a crime. The EU Court confirmed the principle that fundamental rights must prevail over “anti-smuggling” laws.

This principle was applied to O.B. and the Italian court recognized that none of her actions warranted criminal sanction.

We are deeply relieved for her and hope she can find peace after years of arbitrary and absurd criminalization. This ruling comes at a crucial time, as EU institutions renegotiate the Facilitators Package - the very laws that have led to mass prosecutions of people simply for migrating or for supporting others.

The decision strengthens the call for binding exemptions for people on the move, their families, and those who support them. This would bring European laws into alignment with international legislation.

It must be clearly stated: Crossing borders or supporting others should never be considered a crime.

Original Documents: Judgment no. 2695 of 14 July 2025 - Court of Bologna