Tag Archives: Italy-Libya Friendship Agreement

ECtHR Grand Chamber to Deliver Judgement in Hirsi v Italy on 23 February

The decision in Hirsi and others v Italy, Requête no 27765/09, is scheduled to be released by the Grand Camber of the European Court of Human Rights next Thursday, 23 February.  The case was filed on 26 May 2009 by 11 Somalis and 13 Eritreans who were among the first group of about 200 migrants interdicted by Italian authorities and summarily returned to Libya under the terms of the Libya-Italy agreement which took effect on 4 February 2009.  The Applicants were intercepted on 6 May 2009 approximately 35 miles south of Lampedusa.   On 17 November 2009 the Second Section of the Court communicated the case and then subsequently relinquished jurisdiction in favour of the Grand Chamber.  The argument before the Grand Chamber occurred on 22 June 2011.

Today’s statement from the CoE web site:

“Human rights judges will soon deliver their judgement in a case which involved Italy intercepting Somalian and Eritrean migrants at sea and returning them to Libya.  The European Court of Human Rights’ Grand Chamber final judgment in the case of Hirsi Jamaa and Others v. Italy (application no. 27765/09), is expected at a public hearing scheduled for Thursday 23 February.

Principal facts

The applicants are 11 Somalian and 13 Eritrean nationals. They were part of a group of about 200 people who left Libya in 2009 on board three boats bound for Italy. On 6 May 2009, when the boats were 35 miles south of Lampedusa (Agrigento), within the maritime search and rescue region under the responsibility of Malta, they were intercepted by Italian Customs and Coastguard vessels. The passengers were transferred to the Italian military vessels and taken to Tripoli.

The applicants say that during the journey the Italian authorities did not tell them where they were being taken, or check their identity. Once in Tripoli they were handed over to the Libyan authorities.

At a press conference on 7 May 2009 the Italian Minister of the Interior explained that the interception of the vessels on the high seas and the return of the migrants to Libya was in accordance with the bilateral agreements with Libya that entered into force on 4 February 2009, marking a turning point in the fight against illegal immigration.

Complaint

The applicants consider that their case falls within the jurisdiction of Italy. Relying on Article 3 of the European Convention on Human Rights (prohibition of inhuman or degrading treatment), they argue that the decision of the Italian authorities to send them back to Libya exposed them to the risk of ill-treatment there, as well as to the serious threat of being sent back to their countries of origin (Somalia and Eritrea), where they might also face ill-treatment.

They also complain that they were subjected to collective expulsion prohibited by Article 4 of Protocol No. 4 (prohibition of collective expulsion of aliens) of the Convention. Lastly, relying on Article 13 (right to an effective remedy), they complain that they had no effective remedy against the alleged violations of Article 3 and Article 4 of Protocol No. 4.

The application was lodged with the European Court of Human Rights on 26 May 2009.

On 15 February 2011 the Chamber to which the case had been allocated relinquished jurisdiction in favour of the Grand Chamber. A hearing took place in public in the Human Rights Building, Strasbourg on 22 June 2011.

The following have been authorised to intervene as a third party (under Article 36 § 2 of the Convention):

- the Office of the United Nations High Commissioner for Refugees,

- the Office of the United Nations High Commissioner for Human Rights,

- the non-governmental organisations Aire Center, Amnesty International, and International Federation for Human Rights (FIDH),

- the non-governmental organisation Human Rights Watch, and

- the Columbia Law School Human Rights Clinic.”

Click here for CoE Statement.

Click here for Press Statement from ECtHR.

Click here for previous post on the argument before the Grand Chamber.

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Filed under Council of Europe, European Court of Human Rights, Italy, Judicial, Libya, Mediterranean, News

Libya Asks EU to Assist with Renovation of Migrant Detention Centres

At a press conference held last week, Libyan Interior Minister Fawzi Abdelali asked the European Union for assistance in dealing with new immigration flows and specifically requested assistance to renovate 19 existing migrant detention centres.  (Global Detention Project identified 27 dedicated immigration detention centres in Libya as of late 2009.)

Libyan officials have said recently that irregular migration flows are resuming.  AFP reported that Libyan interior ministry spokesman General Abdelmonem al-Tunsi said on 19 January “that illegal immigration had resumed since the end of the anti-Kadhafi revolt” and “thousands of people from … Syria were also entering through the Massad terminal on the border with Egypt, apart from Africans infiltrating through the southern borders.”

Italian Prime Minister Mario Monti traveled to Tripoli on 21 January to meet with the Libyan NTC.  Prior to his trip Amnesty International sent Monti a letter urging him to address numerous matters with the Libyans, including the eradication of torture, reforming the criminal justice system, and ratifying the Refugee Convention.

Amnesty also called upon Italy not to resume push-back operations at sea and to refrain from cooperating with Libya on other migration control practices until appropriate reforms are instituted within Libya.  There are fears that Italy is moving towards resuming coordination with Libya on immigration control matters.  Italian Interior Minister Anne Marie Cancellieri is reportedly scheduled to travel to Tripoli next month to discuss bilateral cooperation on immigration.

Translated excerpts from Amnesty’s press statement regarding the AI letter to PM Monti:

“With regard to cooperation on migration between Italy and Libya, Amnesty International calls on the Italian Government:

  • To desist from conducting any operation of ‘refoulement’ (deportation) at sea to Libya and cooperating with Libya to intercept migrants and reject them;
  • To set aside the Memorandum of Understanding on ‘migration control’, signed with the National Transitional Council (CNT) on June 17, 2011, until a thorough review is conducted of the impact on human rights agreements signed by the two countries in this area, and until the necessary changes have been introduced in order to ensure that the ‘immigration control’ is never carried out at the expense of human rights;
  • To ensure that all forms of cooperation with the Libyan authorities are absolutely transparent and subject to the commitment and ability of both parties to fully respect the human rights of asylum seekers, refugees and migrants, and are consistent with the international law of human rights and international refugee law….”

Click here for AI Letter. (IT)

Click here (EN), here (IT), here (EN), here (IT), and here (IT) for articles.

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Statewatch Analysis: The EU’s self-interested response to unrest in north Africa: the meaning of treaties and readmission agreements between Italy and north African states

Statewatch released an Analysis by Yasha Maccanico entitled “The EU’s self-interested response to unrest in north Africa: the meaning of treaties and readmission agreements between Italy and north African states.”  The Analysis provides a description of Italy’s responses to the migrant arrivals in 2011 caused by the unrest in North Africa.

Excerpts:  “The ‘crisis’ reveals questionable practices and routine abuses – The measures adopted in response to the increasing number of migrants arriving from north African countries serve to highlight a number of practices that have become commonplace in Italy in recent years.

The first of these is a widening of the concept of ‘emergency.’ Calling an emergency gives the government a wider remit to derogate from specified laws so as to resolve situations that cannot be dealt with through ordinary measures….

Although the situation in north Africa was worrying, the emergency was called when slightly over 5,000 migrants had arrived. An analysis by Massimiliano Vrenna and Francesca Biondi Dal Monte for ASGI notes that the government has repeatedly called and extended states of emergency since 2002 to deal with immigration, which is treated as though it were a “natural calamity” even when there is a wholly predictable influx of people from third countries. The urgent need specified in decrees declaring a state of emergency is to conduct ‘activities to counter the exceptional – later referred to as massive – influx of immigrants on Italian territory’ (as happened on 11 December 2002, 7 November 2003, 23 December 2004, 28 October 2005, 16 March 2007, 31 December 2007, 14 February 2008 for Sicily, Calabria and Apulia and was extended to the whole nation on 25 July 2008 and 19 November 2009), stemming from a prime ministerial decree of 20 March 2002. Thus, Vrenna and Biondi Dal Monte’s observation that the emergency is ‘structural’ appears well-founded. It has serious repercussions for the treatment of migrants (see below) and the awarding of contracts outside of normal procedures, with the involvement of the civil protection department whose competencies have been expanding considerably.

The second practice involves the expulsion, refoulement or deportation of migrants outside the limits and procedures established by legislation for this purpose. The failure to identify people, to issue formal decisions on an individual basis to refuse them entry or expel them, or to give them the opportunity to apply for asylum or other forms of protection, was a key concern when boats were intercepted at sea and either the vessels or their passengers were taken back to Libya between May and September 2009, when 1,329 people were returned. These rights were also denied to people arriving from Egypt and Tunisia in application of readmission agreements in the framework of the fight against illegal migration. Their presumed nationality was deemed sufficient to enact expulsions to these countries, because ongoing cooperation and good relations with Italy appeared sufficient to indicate that they were not in need of protection, regardless of the situation in their home countries. ….

The third practice is the ill-treatment of migrants held in detention centres. Without dealing with this issue in depth, it is worth noting that what could be viewed as arbitrary detention is occurring on a large scale, in the absence of formal measures decreeing detention and without the possibility of appealing against decisions. In fact, after landing, migrants are summarily identified as either ‘illegal’ migrants or asylum seekers, largely on the basis of their nationality….”

Click here for Analysis.

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Filed under Analysis, Egypt, European Union, Frontex, Italy, Libya, Mediterranean, Tunisia

EJML Article, B Nascimbene and A Di Pascale: “The ‘Arab Spring’ and the Extraordinary Influx of People who Arrived in Italy from North Africa”

The latest edition of the European Journal of Migration and Law, Volume 13, Number 4, contains an article by Bruno Nascimbene, Professor of European Union Law, Faculty of Law, University of Milan, and Alessia Di Pascale, Research Fellow, European Union Law, Faculty of Law, University of Milan, entitled “The ‘Arab Spring’ and the Extraordinary Influx of People who Arrived in Italy from North Africa”.

Abstract: “The ‘Arab spring’ which spread in early 2011 and the consequent exceptional influx of people that arrived on the Italian coasts from North Africa put the national reception and asylum systems under particular pressure, also raising the debate on the status to be attributed to these people. Faced with a situation out of the ordinary, Italy immediately addressed a request for help to the European Union, which has revealed the difference of views and mistrust existing between Member States in relation to these issues. This episode also calls into question the scope and effectiveness of the EU migration management framework, particularly in case of strong and unexpected pressure, and its implementation in a true spirit of solidarity.”

Click here for link.  (Subscription or payment required.)

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Filed under Analysis, European Union, Frontex, Italy, Libya, Mediterranean, Tunisia, UNHCR

New Italian Foreign Minister: Reactivation of Italy-Libya Friendship Treaty is Crucial

In a speech on 30 November to Parliament, Italy’s new Foreign Minister, Giulio Terzi, said the 2008 Italian-Libyan Friendship Agreement is crucial to bilateral relations between the two countries and that it therefore needs to be reactivated.  He announced he will travel to Libya as soon as the new Libyan government is ready to receive him.

Click here, here, and here for articles.  (IT).

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Malmström: Commission Hopes Migration Talks With Libya Will Begin Soon

In response to a parliamentary question submitted by Italian MEP Fiorello Provera (EFD, Northern League) regarding the “control of migratory flows in the southern Mediterranean”, Commissioner Cecilia Malmström provided a written response on 25 October in which she stated that “[t]he Commission hopes [migration discussions] will start as soon as possible with the Libyan authorities.”

In his question, MEP Provera praised the Italy-Libya Friendship Agreement:  “In an example of successful migration control, Italy and Libya signed a friendship treaty in 2008, which included measures to put Libya in charge of its 2 000 km coastline to stem the flow of illegal migrants into the EU. The agreement had an enormous impact: in 2008, 40 000 migrants attempted to cross illegally into Italy, but according to The Economist, the number of migrants was reduced to 4 406 in 2010. However, following the popular uprising against Gaddafi forces at the start of 2011, 27 000 immigrants managed to cross from Libya into Europe.”

Full text of Ms Malmström’s written response:   “The Commission would like to underline that the discussions which were held on 4 October 2010 in Tripoli by the Members of the Commission responsible for Home Affairs and Enlargement and European Neighbourhood Policy took place in a context, and with interlocutors, which have profoundly changed.

Although the tentative list of common actions identified in October 2010 (1) may still represent a basis for future cooperation between the EU and Libya in the areas of migration, asylum, visa policy and border management, it is clear that the pattern and content of this future cooperation will have to be substantially revised on the basis of new discussions. The Commission hopes these will start as soon as possible with the Libyan authorities.

The revision of the cooperation with Libya, in any case, is necessary also to take into account several important changes which have taken place not only in Libya but also in the EU since the spring.

In particular, the European Council of 24 June 2011 which approved a new policy approach towards the Southern Mediterranean countries. This approach will be characterised by the launch of a Dialogue on Migration, Mobility and Security with these countries aimed at reinforcing cooperation and strengthening relations with Europe’s southern neighbours.

(1) ‘common actions aimed at preventing irregular migration, addressing more effectively its consequences and root causes, promoting the use of the regular channels of migration and mobility, avoiding further loss of migrants’ lives as well as to protecting their fundamental rights’.”

Click here for Question and here for Answer.

Click here for article. (EN)

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Italy and Libyan NTC Take Further Steps to Reactivate Italian-Libyan Friendship Agreement

Italian Foreign Minster Franco Frattini traveled to Tripoli on 30 September for meetings with the NTC President Mustafa Abdel Jalil and Prime Minister Mahmoud Jibril.  Frattini and Jibril met one week earlier on the sidelines of the UN General Assembly Meeting.  Italy and the NTC signed a memorandum of understanding to create a joint coordination committee whose function will be to prepare for the reactivation of Italy-Libya Friendship Agreement as soon as a new Libyan government assumes office.

Click here and here for articles. (IT)

Click here for statement from Italian Foreign Ministry. (IT)

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