Category Archives: Italy

Frontex 2010 Annual Risk Analysis

Frontex’s Annual Risk Analysis (ARA) for 2010 was prepared in March 2010 and was posted to the Frontex web site on 7 July.  The public document only contains certain portions of the full ARA as recommendations and other “operationally sensitive details” have been redacted. While some of the ARA’s contents have previously been released by Frontex, this 35 page document contains a lot of data regarding irregular migration by land, sea, and air, and is worth a read.

Excerpts from the ARA relating to maritime migration include:

“Detections of illegal border crossing – In 2009, the [EU] Member States and Schengen Associated Countries reported a total of 106,200 detections of illegal border crossings at the sea and land borders of the EU. This represented a 33% decrease compared to 2008. The decrease is comprised of both a strong decrease reported from the sea borders (-23%), and land borders (-43%).”

“The bilateral collaboration agreements with third countries of departure on the Central Mediterranean route (Italy with Libya) and the Western African route (which Spain signed with Senegal and Mauritania) had an impact on reducing departures of illegal migrants from Africa.”

“The agreements were made at a time when the economic crisis decreased the labour demand in the EU, thus simultaneously reducing the pull factor. The synchronisation of these events probably explains why no displacement has so far been noticed from the Central Mediterranean and Western African routes to other illegal migration routes in the statistics for detections.”

“However, intelligence suggests that the risk of displacement remains high, either with the emergence of new routes or the exploitation of existing ones by nationalities which used to be detected along the Central Mediterranean or the Western African routes.”

“As a corollary to the sharp decreases registered in Italy and Spain, the number of detections of illegal border crossing in Greece rose from 50% of the total EU detections to 75% of the total. In 2009, the Greek land border sections with Albania and FYROM represented the largest share of the EU total, with 36,600 detections (34% of the EU total), followed by 22,000 detections in the Aegean Sea with (21% of the EU total).”

“Eastern Mediterranean route – The Eastern Mediterranean route is the route taken by illegal migrants transiting through Turkey and entering the EU through eastern Greece, southern Bulgaria or Cyprus. Turkey, due to its geographical position near the EU, is the main nexus point on this route. From Istanbul, illegal migrants may reach the Greek islands in the Aegean Sea, or cross the land borders to Greece or to Bulgaria.”

“In 2009, illegal border crossing on the Eastern Mediterranean route totalled 41,500, or 39% of all EU detections. Most of the detections were reported from the Aegean Sea, followed by detections along the land border between Turkey and Greece. The number of detections reported by Bulgaria and Cyprus were considerably lower.”

“Central Mediterranean route – The Central Mediterranean route refers to illegal migration from northern Africa to Italy and to Malta. For the past two years, Libya has been a nexus point where migrants from the Horn of Africa and Western African routes and a small proportion of Asian nationals met before embarking.”

“Since the signing of a bilateral agreement with Libya, joint patrols by Libya and Italy have had a clear and measurable deterrent effect, with 3,200 detections in the seven months after the joint patrols (June to December), compared to 7,200 detections in the five months before the joint patrols (January to May), and almost 40,000 detections in the whole of 2008.”

“Western African route – The Western African route is primarily through Western African countries to Spain via the Canary Islands. The main embarkation points are in Senegal and Mauritania and the main countries of origin are Mali, Mauritania, Guinea Conakry and Senegal. Other African nationals have also been reported, and occasionally migrants from Asia. This route is now less favoured since the Spanish collaboration agreements with Senegal and Mauritania. The Frontex coordinated Joint Operation Hera plays a major role in maintaining effective surveillance in the area.”

“The Western Mediterranean route includes the sea route from Northern Africa to the Iberian Peninsula, and the land route through Ceuta and Melilla. It is mostly used by Northern African nationals (Algerian and Moroccan) travelling to Spain, France and Italy.”

“Maritime detections between Northern Africa and Spain are rising, with increasing detections of Algerian and to a lesser extent Sub Saharan nationals. Moroccan nationals are also regularly detected on this route. The lack of employment opportunities for the growing population of young people in Morocco continues to increase the incentives of migrating to the EU. The Spanish authorities recently reported an increasing number of attempts by Moroccan minors to get on the ferry link between Tanger and Spain. These cases do not seem connected with criminal networks; rather individual attempts are driven by poor employment prospects in Morocco.”

Click here for the ARA.

Click here for link to Frontex Map showing situation at External Borders.

[ARA page 18]

[ARA page 13]

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UNODC Publication: Smuggling of Migrants into, through and from North Africa

UNODC has issued a new publication entitled “Smuggling of Migrants into, through and from North Africa: A thematic review and annotated bibliography of recent publications.”  Most of the reviewed literature and data are from 2008 and earlier dates and therefore the publication does not include references to more recent events, e.g. the Italy-Libya migration agreement.  But it is a comprehensive and useful publication.  The 16 page Annotated Bibliography is a very good resource.

According to the UNODC web site, the publication “focuses primarily on the patterns and dynamics of migrant smuggling, as it concerns the North African region. Recognizing, however, that irregular migration and smuggling flows are transnational in nature, the review goes beyond North Africa, to also cover sub- Saharan African and European countries affected along the various smuggling routes.  The aim of the review is twofold: to describe major findings on smuggling of migrants; into, through and from North Africa, and to highlight the need for further research on specific issues that have not yet been studied.”

Table of Contents:

  • I. Introduction
  • II. Quantifying irregular migration and smuggling of migrants
  • III. Migrant smuggling routes
  • IV. Profiles and characteristics of smuggled migrants
  • V. Smuggler-migrant relationships
  • VI. Organizational structures of migrant-smuggling networks
  • VII. Modus operandi of migrant smuggling
  • VIII. Smuggling fees
  • IX. The human and social costs of smuggling
  • X. Summary of findings
  • XI. Annotated bibliography

Click here for the publication.

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Italy and Malta Question Need for Frontex Sea Patrols

Italy and Malta held a one day summit yesterday that focused on “Strategic Mediterranean” themes.  The two countries are calling for a reassessment of Frontex’s role in the Mediterranean, suggesting that Frontex may be best suited for repatriation operations and not for sea patrols.  Maltese Foreign Minister Tonio Borg said that even Italy questioned the need for ongoing Frontex missions fearing that such missions might upset the Italy-Libya migration agreement which has almost eliminated irregular migration from Libya.  A statement issued by the Italian Foreign Ministry described the Italy-Libya migration agreement as a model that is “exemplary for extension to other African countries.”

Malta also reaffirmed that it would not reconsider its decision not to host Frontex missions unless the Frontex rule addressing where intercepted migrants are to be taken is changed.

Click here and here for articles.

Click here for Italian Foreign Ministry statement.

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Libya Confirms It Is Detaining “Pushed Back” Eritreans

Reuters reported that the Libyan Foreign Ministry confirmed there are approximately 400 Eritreans being held in detention centres in Libya and that 245 of these Eritreans were turned over to Libyan authorities after being intercepted at sea by Italian authorities.   Italian officials have previously questioned whether any of the Eritreans in question had been subjected to the Italian push-back practice.

Click here for article.

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Libya May Allow Eritreans to Remain – Italy Claims Credit for Decision

Libya has reportedly agreed to allow approximately 400 Eritreans to remain in Libya, though they will not be given refugee protection as Libya is not a signatory to the Refugee Convention.

ANSAmed reported that Italian officials have claimed credit for Libya’s decision, though the Italians have questioned whether any of the Eritreans have been mistreated and whether any of the Eritreans were subjected to Italy’s push-back practice.  Italian Foreign Ministry Undersecretary Stefania Craxi stated that ”the Italian government never backed away from raising awareness with[] Libyan authorities on the topic of human rights.”  Craxi said ”it is thanks to the Italian government [that] the UNHCR activities in Tripoli have started again, albeit in an informal and conditioned way.”  Foreign Minister Franco Frattini said ”it is unbelievable that Brussels did not even make a press release.  [Italy] worked in silence, without proclamations, sadly with the total and absolute absence of Europe. We asked for a compromise, a mediation and the result came.”

While it is good if the Italian Government did indeed work to arrive at a temporary and imperfect solution for this particular group of Eritreans and it is good that the Italian ministers speak of respecting human rights in Libya, the Italians should be equally if not more concerned with the human rights implications of their push-back practice in the Mediterranean.

Click here for article.

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ECRE and CIR: Ill-treatment of Refugees in Libya: the EU, a Silent Accomplice

ECRE and CIR released a statement on 7 July criticising Italy and the EU in regard to the plight of over 200 Eritrean refugees, some of whom may have been subject to Italy’s push-back practice and who are now detained under dangerous conditions in Libya.

The two organisations “call upon all authorities involved to ensure that refugees are not repatriated to Eritrea where they are at risk of torture and ill- treatment. … ‘We strongly repeat our plea to the Italian Government to resettle the refugees to Italy’, says Christopher Hein, Director of the Italian Council for Refugees (CIR). ‘Some of those who are being mistreated now by the Libyan authorities have been pushed back there by Italy one year ago. Refugees are suffering the consequences of Italy’s violation of its legal obligations and EU Member States’ consenting silence’, added Bjarte Vandvik, ECRE’s Secretary General.”

Click here for the full statement.

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Hammarberg Makes Urgent Request of Italy for Information on Eritreans in Libya

COE Human Rights Commissioner Thomas Hammarberg has made an urgent request to the Italian Government for information on alleged human rights violations of Eritrean migrants in Libya, including Eritreans who may have been among persons intercepted at sea by Italy and forcibly returned to Libya without being afforded an opportunity to seek international protection.

In a letter to the Italian Foreign Minister, Commissioner Hammarberg wrote “[g]iven the recent decision of the Libyan authorities to discontinue UNHCR’s activities in the country, it is increasingly difficult to confirm the exact accuracy of these reports. However, given their consistency and the seriousness of the allegations, I hope that I can count on your cooperation to urgently clarify the situation with the Libyan authorities and be kept informed about the results of your investigations.”

The Foreign Minister and Interior Minister have written a joint letter to the Il Foglio newspaper where they say that the Italian Government “was mediating with Tripoli to identify the Eritreans and try to find them employment in Libya so that they would not be forcibly repatriated.”  According to Reuters, the ministers also said “it was necessary to respect Libyan sovereignty and [they] called for an international approach, involving the United Nations and other organizations” and that the “fate of these Eritrean citizens cannot be resolved only through our bilateral relationship (with Libya).”

Click here for the Commissioner’s letter to the Italian Foreign Minister.

Click here for the Commissioner’s letter to the Italian Interior Minister.

Click here for article.

Click here (IT) for Italian Ministers’ Reply to Il Foglio.

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Amnesty Int’l Report on Libya Criticises Libya and EU on Refugee Treatment

Amnesty International has released a comprehensive report on Libya entitled “Libya of Tomorrow – What Hope for Human Rights?”  The report covers a range of matters including the criminal justice system and the use of the death penalty.   Section 5 of the report (beginning at p 91) addresses the rights of refugees, asylum-seekers and migrants.  The report was finalised before the recent decision of the Libyan government to close the UNHCR office in Tripoli.

In regard to refugee issues, Amnesty is very critical of both Libya and the EU and calls upon EU member states to “ensure that any bilateral agreements with Libya in the area of migration and asylum, including the EU-Libya Framework Agreement currently being negotiated, are based on full respect for the rights of asylum-seekers, refugees and migrants.”

Excerpts from Section 5, “Rights of refugees, asylum-seekers and migrants”:

Members of the EU have been actively seeking the collaboration of Libya in controlling the flow of migrants to European shores – turning a blind eye to Libya’s dire human rights record, the absence of a functioning asylum system in Libya, and persistent reports of the abuse and ill-treatment of refugees, asylum-seekers and migrants.  The Treaty of Friendship, Partnership and Co-operation signed in August 2008 between Italy and Libya includes provisions for bilateral efforts to combat “illegal migration”, facilitated by the joint patrolling of the sea agreed upon in December 2007 in the “Protocol” and the “Additional Technical-Operational” Protocol”.

As part of the agreements, Italy promised to compensate Libya for its occupation of the country between 1911 and 1943. The Treaty of Friendship, Partnership and Co-operation involves a US$5bn package for construction projects, [and other items].  In return, Libya agreed, among other things, to tighten control of its territorial waters and accept disembarkation on its soil of individuals intercepted at sea by Italian vessels. Italy was also reported to have undertaken to provide resources, including technology, to control migrant flows through the southern borders of Libya. In fact, Italy has provided Libya with six motor patrol boats since the Treaty entered into force.

In the framework of these agreements, from May 2009 onwards Italy started returning refugees, asylum-seekers and migrants intercepted in international waters to Libya. On 6 May 2009, distress calls were sent from three vessels with an estimated 230 third-country nationals on board. Italian coastguard vessels intervened but transported the individuals to Tripoli, without stopping in an Italian port and without checking whether any individuals on board were in need of international protection or basic humanitarian assistance. Further interceptions and returns occurred in the subsequent months: according to official information from the Italian Ambassador to Libya, between 6 May and 3 September 2009, over 1,000 individuals were returned to Libya. They included nationals from Eritrea, Somalia and other sub-Saharan African countries. The Italian Minister of the Interior Roberto Maroni was reported to have called this action “an historic achievement after one year of bilateral negotiations with Libya”….

Despite these pleas by UNHCR and consistent reports of abuses suffered by refugees, asylum-seekers and migrants in Libya, the Italian authorities continue to intercept vessels at sea and send them back to other countries most notably Libya.  In January 2010, Italian Minister of the Interior Roberto Maroni stated that the number of migrants arriving to Italian shores was reduced by 74 per cent in 2009 compared to 2008, attributing the reduction to Italy’s bilateral agreements with Libya.

Italy is not alone in seeking Libya’s cooperation to control the flow of migrants to European shores. Negotiations between Libya and the EU over a Framework Agreement started in November 2008 covering the control of migration, among other issues, including potential readmission agreements for third-country nationals who have transited through Libya on their way to Europe….

UNHCR [prior to its recent expulsion from Libya] and its partners have also been involved in screening individuals pushed back to Libya from Italy. UNHCR declared that by October 2009, it had been able to screen 890 people and had registered 206 of them as refugees and secured their release from detention.  UNCHR also registered 80 individuals pushed back from Italy in November 2009, granting 40 of them refugee status. The remainder were awaiting their interviews for refugee status determination at the time of writing. UNHCR confirmed that a total of 685 individuals determined to be refugees or asylum-seekers were released from detention from 2008 to February 2010, including 450 Eritreans and 150 Somalis…..

Click here for the Report.

Click here for AI Press Release regarding the Report.

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Migreurop: What Price Will Europe Pay if Gaddafi Authorises UNHCR’s Return to Libya?

Migreurop takes the position that Libya’s recent decision to expel the UNHCR is a negotiating tactic that will be used to leverage more money and concessions from the European Union in the context of the ongoing EU-Libya partnership negotiations and poses the important question:  What Price Will Europe Pay if Gaddafi Again Authorises UNHCR’s Return to Libya?  The UNHCR’s presence in Libya has played an essential role in Europe’s immigration policy, specifically Europe’s migration management and border outsourcing:

“Thanks to UNHCR’s presence in Tripoli, Europe and Italy, which concluded its agreement with Libya in August 2008, were able to claim that the boat people who were forcibly returned to Libya could find a minimal level of security and protection. Everyone knows full well that this was a smokescreen: the conditions under which migrants are treated in Libya are well documented and well known to European authorities and institutions.”

“The presence of the UNHCR in Libya justified the policy of externalisation and deportation carried out by the EU. … Libya has now raised the stakes and the UNHCR is an accomplice in the sordid negotiations:  UNHCR’s return is already planned.…”

Click here or here for Migreurop’s full statement / analysis (FR).

Click here for previous post.

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UNHCR Criticises Delay by Italy and Malta in Launching Search and Rescue of Migrant Boat

“UNHCR is concerned about delays in a search-and-rescue operation on Sunday and Monday [6-7 June]  involving a boat carrying more than 20 people, mostly Eritreans, near Malta. Distress calls were received on Sunday evening, including by UNHCR, and passed to Maltese and Italian maritime authorities. It is unclear which country had search-and-rescue responsibility when the distress calls were first sent. According to information made available to UNHCR, the boat was only rescued late on Monday, and by Libyan vessels.”

The persons on board the boat have reportedly been taken to Libya.

Click here for UNHCR statement.

Click here and here for articles.

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Malta: Italian Sea Patrols are Secretive But Effective

A Malta Today article quotes an unidentified source within the Armed Forces of Malta as saying that Italy’s anti-migrant operations are effective but are veiled in a suspicious secrecy:

“‘Nothing is happening [in regard to migrants], because the Italians are effective with joint patrolling, donations of sea vessels, and hands-on training,’ an informed officer said.  Developments on the Libyan sea-front, where the Italian army is engaged in joint repatriations of migrant traffic, seem to be veiled in a suspicious secrecy. The same officer said ‘we don’t know what the Italians are doing’, and as the first months of 2010 saw no significant migrant arrivals, observers feel the situation may not alter radically.  There seems to be consensus that the deal forged between the Italian and Libyan leaders has stemmed the migrant tide in the Mediterranean.”

Click here for article.

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Spain and Senegal Renew Agreement Permitting Frontex to Operate From Dakar

Spain and Senegal have renewed a bi-lateral agreement permitting Frontex to operate from a base in Dakar for another year.

The Frontex mission in Senegal currently consists of two Spanish Guardia Civil patrol boats, a Spanish National Police helicopter, and a private airplane leased by the Spanish Defence Ministry.  One Frontex patrol boat also operates from Nuadibú, Mauritania.

Spanish Interior Minister Alfredo Pérez Rubalcaba said that France and Italy will soon be deploying additional assets and personnel to the Frontex mission in Senegal consisting of a ship and plane from Italy and a French security force team.  Rubalcaba stated that this new assistance demonstrates that “Spain is not alone” in the fight against the mafias responsible for the illegal boat arrivals to the coast this country. (“España no está sola” en la lucha contra las mafias responsables de las llegadas de embarcaciones irregulares a las costas de este país.)

Senegalese Interior Minister Ousmane Ngom, said that so far this year a total of 101 canoes from the coast of Senegal with 450 people aboard have been identified by the patrols. In 2006, the figures were 901 boats, with 35,490 irregular migrants.

Click here for article.  (ES)

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Concerns Over Italy’s Push-Back Practices in HRC’s UPR Report

The 14th regular session of the Human Rights Council begins on 31 May.   The report of the Working Group on Universal Period Review on Italy will be considered by the Council on 9 June.

The Working Group’s report identifies concerns with Italy’s treatment of migrants and asylum seekers, including whether migrants or asylum-seekers have been transferred to another country without proper assessment of the need for refugee or other protection and whether persons intercepted at sea have access to proper assessment of their asylum claims in accordance with international human rights standards.

Italy’s general response to date has been that “in cases of human trafficking, international law permitted the return of migrants to their countries of origin, unless they were in need of urgent medical assistance and had not expressed the intent to apply for asylum or other forms of international protection.”

Excerpts from the Report of the Working Group:

A. Presentation by the State under review [***]

11. Over the past few years, the country had been exposed to a massive inflow of migrants, which increased by 250 per cent over the last few years, and could, in some instances, affect public order. Italy is at the forefront of efforts to rescue migrants and asylum-seekers on the high seas. It affirmed that, in cases of human trafficking, international law permitted the return of migrants to their countries of origin, unless they were in need of urgent medical assistance and had not expressed the intent to apply for asylum or other forms of international protection. [***]

B. Interactive dialogue and responses by the State under review [***]

52. Italy noted that it had a comprehensive system of asylum and that new arrivals were regularly informed about their right to international protection. With nearly 50 per cent positive responses to all applications made, Italy’s rate of acceptance was above the EU average. Italy once again highlighted its efforts to provide rescue at sea, not only in its own waters, but also beyond. [***]

72. Denmark asked Italy to elaborate on criticism regarding the transfer of migrants and asylum-seekers to another country without proper assessment of the need for refuge and other protection. ***  [***]

76. New Zealand *** requested details on measures taken by Italy to ensure the individual circumstances of each asylum-seeker are genuinely considered. *** [***]

II. Conclusions and/or recommendations

84. The following recommendations will be examined by Italy, which will provide responses in due time, but no later than the fourteenth session of the Human Rights Council: [***]

67. To strengthen efforts to protect asylum-seekers and refugees (Yemen); to continue the implementation of laws on migration and amendments, to ensure that the laws are always fully in line with international standards (Kyrgyzstan); to make additional efforts in work with refugees and migrants (Kyrgyzstan); and to take further steps to ensure the full respect of the fundamental rights of migrants, asylum-seekers and refugees (Sweden);

68. To strengthen cooperation with UNHCR in order to guarantee access to a just procedure in identifying the protection needs of those travelling to or are in Italian territory (Mexico);

69. With regard to the concerns expressed in the Italian-Libyan agreement to prevent ships with immigrants from sailing to Italy, to ensure that intercepted persons have access to proper assessment of their asylum claims in accordance with international human rights standards (Netherlands);

70. To ensure satisfactory asylum procedures for all migrants and asylum seekers rescued at sea (Denmark);

71. To review its legislation and practices, ensuring that they comply fully with the principle of non-refoulement, and to ensure the accountability of persons responsible for any violation thereof (Czech Republic);

72. To take appropriate legislative measures to decriminalize irregular entry and stay in Italy (Brazil); to eliminate the provision criminalizing irregular entry and stay on Italian territory as contained in law No. 94 of 2009, as well as those provisions that regard non-documented status as an aggravating circumstance in the commission of criminal offence, and the creation of vigilante groups, as contained in law No. 125 of 2008 (Mexico); [***]

77. To increase the transparency of arrival and return procedures concerning immigrants and refugees (Japan);

78. To intensify efforts in the resettlement of refugees, especially with regard to the protracted refugee situations identified by UNHCR (Morocco);

79. To ensure the full enjoyment of human rights for those hoping to find a better life in Italy, especially by strengthening structures to guarantee the rights of migrants (Burkina Faso);

80. To strengthen respect for the human rights of migrants, including those in detention centres (Cuba);

81. To repeal all discriminatory laws against irregular migrants and take action to investigate and prosecute discriminatory acts by public and security officials, in particular where racial and religious motives are aggravating factors (Pakistan);

82. To continue close cooperation with countries of origin and transit in finding an effective solution to the problem of illegal immigration (Viet Nam);

83. To continue measures to end trafficking in human beings (Yemen); and to strengthen further its efforts to end trafficking in women and children, and to take effective measures to prosecute and punish trafficking in persons (Canada);

84. To increase measures to identify women and child victims of trafficking effectively in order to provide them with adequate assistance, and to consider not penalizing them for crimes committed as a direct result of being trafficked (Philippines);

85. To strengthen efforts to combat trafficking in women and children, and to take effective measures to prosecute and punish trafficking in persons, as raised by the Committee on the Rights of the Child and the Committee against Torture (Japan); and to take effective measures to prosecute and punish trafficking and the exploitation of persons, as recommended by the Committee against Torture (Israel); [***]

Click here for the Report of the WG.

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Italy Gives 2 Patrol Boats to Egypt

On 5 May Italian authorities transferred two naval patrol boats to Egypt for use in anti-immigration patrols and port security.  Italy has previously given patrol boats to Egypt.

Click here and here for articles. (AR)

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Mass Human Trafficking Trials Continue in Libya

The criminal trials involving almost 500 defendants charged with human trafficking are still ongoing in Tripoli.  Some new defence attorneys are reportedly involved in the case and have complained that the prosecutor’s office is relying on reports provided by Italian authorities and on reports on the topic of illegal immigration which were prepared for distribution to the media.  Some defence lawyers have said that the criminal charges are motivated by media and political pressure brought against the Libyan government.  Defence lawyers have also reportedly asserted that the special State Security Court trying the cases does not have jurisdiction over charges relating to illegal immigration.

Click here for earlier post.

Click here and here for articles. (in Arabic)

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