The Italian Court of Cassation (La Quinta sezione penale della Cassazione) on 9 December upheld a 30 year prison sentence for a Lebanese ship captain found responsible for the deaths of 283 migrants on 26 December 1996 when two smuggling ships collided between Malta and Sicily. Most of the migrants were from Pakistan, India, and Sri Lanka. The captain is still at large.
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Filed under Italy, Malta, Mediterranean, News
On 23 November a Libyan patrol boat intercepted approximately 80 Eritrean and Somali migrants in Maltese waters near Sicily. The migrants were returned directly to Libya and reportedly taken to a Libyan detention centre. This may have been the first time that Libyan authorities intercepted migrants in Maltese waters.
The UNHCR expressed concern over the incident. “’This practice of getting the Libyan authorities to come directly [into non-Libyan waters] reduces even further the guarantees given to migrants arriving in Europe,’ said [UNHCR spokesperson Laura] Boldrini.”
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Filed under Italy, Libya, Malta, Mediterranean, News
Council of Europe Commissioner for Human Rights, Thomas Hammarberg, released copies of two letters he sent last August to the Minister of Interior of Italy, Roberto Maroni, and to the Minister for Justice and Home Affairs, of Malta, Carmelo Mifsud Bonnici in regard to the incident in August when a boat carrying over 70 migrants was left adrift for over two weeks. Most of the migrants died.
A statement on the Commissioner’s web page states as follows:
“I publish these letters in order to reopen the discussion on the need to fully align migration practices with human rights standards. This serious incident should be effectively investigated” said the Commissioner. “Four of the five survivors have been granted refugee status in Italy and one is waiting for the decision on her application. This is good news. However, there is still an urgent need to take all necessary measures to prevent the recurrence of such tragedies. Regrettably, the authorities have not replied so far.”
In his letters, the Commissioner also underlined that the responsibility to rescue persons at sea appeared to have been neglected. He therefore recommended that both countries concerned engage in a constructive cooperation to develop sea patrolling which is duly respectful of human rights and humanitarian principles.
“The protection of the human rights of migrants needs urgent attention” said the Commissioner. “Every European country should act in a spirit of solidarity towards other countries, discharge its responsibilities under international law and effectively protect migrants, whose fundamental rights are at serious risk.”
Relevant excerpts from the letters:
Letter to Italian Minister Maroni, Ministry of the Interior – 25 August 2009
“[O]ne element is already evident: these people have not benefited from international humanitarian protection. In particular, the responsibility to rescue persons at sea appears to have been neglected. The Italian Coast Guard and other agencies – as well as fishermen – have shown until recently a laudable record of rescuing at sea hundreds of irregular migrants attempting to reach Italy. What happened this time? Have the provisions set out in the new security package played a deterrent role? Is the cooperation with the Coast Guards of other countries not functioning properly, thereby preventing boats in distress from being spotted and rescued?”
“Indeed, many migrants are human beings in dire circumstances who deserve our attention and respect. A substantial number of them are fleeing persecution or violence; this necessitates the provision of international protection. All European countries, not only Italy, must grant protection to migrants and cooperate more effectively to handle migration flows in a coherent manner, with full regard to humanitarian principles.
I hope that the Italian government will take all necessary measures to avoid such tragedies in the future. In this context, a constructive cooperation with the authorities in Malta, to develop sea patrolling which is duly respectful of human rights and humanitarian principles, would be highly beneficial.”
“The survivors of such tragedies should of course not be criminalised. Instead, they should be provided with all the necessary assistance. Their right to apply for asylum should be fully respected, and their request examined with the utmost attention. The situation of their country of origin and of departure should also be taken into account.
I deeply believe that it is both wrong and counterproductive to politicise migration issues. It is much more in keeping with our common values – and, ultimately, more effective – to address them based on a comprehensive and cooperative approach, guided by human rights and humanitarian principles.”
Click here for the Italian letter.
Letter to Maltese Minister Bonnici, Justice and Home Affairs Ministry – 26 August 2009
“[T]he people on the ill-fated boat have not benefited from international
humanitarian protection. In particular, the responsibility to rescue persons at sea appears to have been neglected. What happened? Is the cooperation with the Coast Guards of other countries not functioning properly, thereby preventing boats in distress from being spotted and rescued?”
“Migratory flows present major challenges to many European countries. A common European approach is therefore needed to meet those challenges. I have raised the issue with the Swedish Presidency of the European Union. There is a need for responsibility-sharing, where every country is ready to contribute in a spirit of solidarity, not only with regard to the reception capacities of other countries, but also vis-à-vis migrants themselves. Many migrants are human beings in dire circumstances who deserve our attention and respect. A substantial number of them are fleeing persecution or violence and deserve international protection.”
“I hope that the Maltese government will take all necessary measures for such tragedies to be avoided in the future. A constructive cooperation with the authorities in Italy, to develop sea patrolling which is duly respectful of human rights and humanitarian principles, would be highly beneficial. I hope it will be possible to address these crucial issues with a cooperative approach, guided by human rights norms.”
Click here for the Maltese letter.
Filed under Council of Europe, Italy, Libya, Malta, Mediterranean, Statements
French Immigration Minister Eric Besson has characterized Frontex’s ongoing Nautilus IV operation which is based in Malta as “a complete failure.” He said the legal uncertainty regarding member state responsibility for intercepted boats hampered the operation and caused some member states to withdraw from the operation.
Italy, for example, has refused to contribute assets to the Nautilus IV operation due to a dispute over where intercepted migrants should be taken. Italy of course is unilaterally returning migrants who it intercepts directly to Libya without offering the intercepted migrants an opportunity to make asylum or other claims for protection.
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An anonymous letter has reportedly been sent to an Italian prosecutor’s office and to the media accusing an Italian Coast Guard captain of mishandling a rescue attempt in June 2008 during which up to 15 migrants were killed. The survivors were reportedly taken to Malta after the incident.
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Filed under Italy, Malta, Mediterranean, News
68 migrants from Eritrea were brought to Malta by an Armed Forces of Malta patrol boat after their boat lost power near Malta.
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Filed under Malta, Mediterranean, News
A boat carrying 75 migrants who are believed to be Somali was intercepted by Italian authorities near Sicily and its occupants were subsequently forcibly returned to Libya. This occurred while Italian Prime Minister Silvio Berlusconi was in Libya to meet with Libyan leader Moamer Gathafi during Libya’s celebrations of the 40th anniversary of their revolution.
Prior to the Italian interception of the migrant boat, an Armed Forces of Malta patrol boat removed four migrants and brought them to Malta for medical treatment. The migrant boat was initially discovered by a Frontex helicopter.
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80 migrants have arrived in Malta in 2 boats. One boat landed on shore before being detected and the second was intercepted just off shore. At least one body was recovered from the water.
The Armed Forces of Malta released a photo of one of the migrant boats for the purpose of contrasting its condition with the dinghy used by the five Eritreans who were rescued last week by the Italians. The AFM has questioned whether the Eritrean dinghy from last week carried a large number of other migrants, as the survivors have reported.
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AFM Photo
Filed under Malta, Mediterranean, News
“The photo was taken from the FRONTEX-operated Casa-212 Aviocar patrol and surveillance aircraft.”
“‘This declassified image shows clearly the excellent and clean state that the intercepted rubber dinghy was in, as well as the good state of health of the occupants, who can be seen sitting down,’ the AFM said.”
Click here for link to Times of Malta article.
Maltese and Italian news services report that a new dinghy with 57 African migrants on board has been rescued near Lampedusa and that the individuals are being transported to Sicily.
There is renewed controversy between Italy and Malta because a Maltese patrol boat may have again provided some assistance to the migrants prior to their arrival in Italian waters.
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Filed under Italy, Malta, Mediterranean, News
“’We are shocked by the accounts we heard [from the survivors],’ said Mr. Andrej Mahecic, UNHCR spokesperson. ‘It gives UNHCR cause for concern that these people report being passed by many vessels without any assistance being offered. This is contrary to the long-standing maritime tradition of rescue at sea which has been under threat and is increasingly being eroded.’”
“He added that the agency would be very concerned if the hardening of government policies towards boat people has the effect of discouraging ship masters from continuing to honour their international maritime obligations.”
Click here for statement.
Filed under Italy, Malta, Mediterranean, Statements, UNHCR
“Italian magistrates are reportedly evaluating the possibility of issuing international rogatory letters to Malta, in a bid to determine Malta’s role in the controversial rescue of five Eritrean migrants this week, who claimed their pleas for rescue were ignored by the Maltese navy. … According to Magistrate Renato di Natale in Agrigento, ‘it is possible that a case against Malta will be opened over charges of omission of rescue.’”
”[S]ources confirmed that the Sicilian magistrates are intent on indicting the crew of AFM patrol boat P61, which intercepted the five migrants and supplied them with food, water and fuel on the high seas, the Maltese government is countering this eventuality by announcing its willingness to ‘cooperate fully’ with the Italian investigators.”
”[F]urther declarations by the inquiring Italian magistrates revealed that any indictment would include ‘willful homicide’. But so far the charge is pending upon ignoti (unknowns), an Italian legal term for unknown perpetrators.”
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Filed under Italy, Malta, Mediterranean, News
The five Eritrean survivors have reportedly been charged with illegal immigration under new Italian laws and will likely be deported to Malta from Lampedusa since Maltese authorities first encountered the Eritreans at sea.
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Filed under Italy, Malta, Mediterranean, News
Maltese Armed Forces Commander Carmel Vassallo confirmed that a Maltese patrol boat did intercept the 5 Eritrean migrants at some point before their later rescue by Italian authorities. The AFM commander said the Eritreans appeared to be in good health and only needed fuel, which was provided. The commander expressed doubt that there had been others in the migrant boat and that it had been at sea for an extended period of time.
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Filed under Italy, Libya, Malta, Mediterranean, News
Italian Foreign Minister Franco Frattini has said that Malta is not capable of properly patrolling the area of the Mediterranean assigned to Malta for search and rescue operations and, in so doing, insinuating that the Armed Forces of Malta acted improperly when it failed to rescue the five surviving Eritreans who were encountered by a Maltese patrol boat.
Malta’s Foreign Minister Tonio Borg said that Malta would not agree to reduce its search and rescue jurisdiction. “Italian Foreign Minister Frattini said in an interview in Corriere della Sera: ‘It is clear they (Malta) do not have the instruments, such as number of boats and crews, to control such a wide area.’” “Asked if Malta was to blame for the tragedy, Frattini said he did not have concrete evidence to say so with certainty.”
“Malta has denied allegations it failed to save migrants. ‘Five Eritreans found on a dinghy were in good health and refused to be rescued since they wanted to go to Italy,’ Maltese Armed Forces Commander brigadier Carmel Vassallo said in a statement. Vassallo said Malta did not abandon the migrants until they arrived in the territorial waters of Lampedusa. ‘We stayed there until we were certain the Italian customs guards went for them,’ he said.”
“The prosecutor’s office in Agrigento in Sicily has opened an inquiry. Sources close to the office said it might ask Maltese authorities to provide further information to check reports one of their boats had approached the migrants’ vessel without providing assistance.”
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Filed under Italy, Libya, Malta, Mediterranean, News
MIGRANTS AT SEA 