Rédaction Africa Links 24 with H Mohammed
Published on 2024-02-18 12:11:27
Italy’s highest judicial authority, the Court of Cassation, has issued a ruling declaring that delivering refugees and migrants rescued in the Central Mediterranean to the Libyan coast guard constitutes a crime due to the fact that Libya is not considered a safe port. This decision marks the conclusion of the case against the captain of the Italian private vessel Asso 28, who, on July 30, 2018, rescued 101 individuals in the central Mediterranean and subsequently handed them over to the Libyan coastguard to be returned to Libya.
The judges of the supreme court determined that the facilitation of the interception of migrants and refugees by the Libyan coastguard falls under the crime of “abandonment in a state of danger of minors or incapacitated people and arbitrary disembarkation and abandonment of people”. This effectively establishes that the 2018 incident amounted to collective refoulement to a country not deemed safe, in violation of the European Convention on Human Rights.
Reports from various international non-governmental organizations have consistently demonstrated that migrants and refugees returned to Libya after being intercepted at sea are routinely detained and subjected to torture, maltreatment, and abuse. The court’s decision has the potential to challenge the validity of the Italy-Libya agreements, as reported by La Repubblica.
This ruling reflects a broader trend of Italian authorities detaining humanitarian ships that have refused to comply with the instructions of the Libyan Coast Guard by rescuing migrants and bringing them to Italy. These incidents have raised concerns about the humanitarian and legal implications of Italy’s cooperation with the Libyan authorities in intercepting and returning migrants.
The implications of the Court of Cassation’s ruling extend beyond the specific case of the Asso 28. The decision sets a precedent that could impact future attempts to return rescued individuals to Libya, as well as the ongoing agreements between Italy and Libya regarding migration and border control.
It is worth noting that the issue of migration and refugees in the Mediterranean is a complex and highly politicized matter, with various stakeholders and interests at play. The legal and humanitarian implications of interceptions and returns at sea, as well as the treatment of migrants in Libya, continue to be subjects of international concern and scrutiny.
The Court of Cassation’s ruling represents a significant development in the ongoing debate over the treatment of refugees and migrants in the Mediterranean, and it has the potential to influence future policy and legal decisions regarding maritime interceptions and returns. The decision underscores the importance of upholding international human rights standards and obligations, particularly in the context of migration and refugee protection.
Read the original article on Libya Update
