A rubber dinghy carrying 69 sub-Saharan migrants landed on Saturday on Lampedusa without having been intercepted. The migrants are believed to be Somali. At least one media report states that the migrants are believed to have departed from Tunisia. Several of the boat’s passengers were hospitalized. The main migrant detention centre on Lampedusa remains closed.
Transatlantic Trends: Immigration Survey 2011 / US and European Public Opinion
Transatlantic Trends has released a public opinion survey: “The results of the 2011 Transatlantic Trends: Immigration survey captures U.S. and European public opinion on a range of immigration and integration issues. The most important highlights of this year’s survey show
- 1) there is a remarkable stability of general immigration opinions over time,
- 2) the public supports European Union burden-sharing on migration resulting from the Arab Spring and increasingly favors European responsibility for setting immigrant admissions numbers, and
- 3) the public tends to favor highly educated immigrants but still prefers immigrants with a job offer.
Now in its fourth year, Transatlantic Trends: Immigration (TTI) measures public opinion on immigration and integration issues on both sides of the Atlantic. The countries included in the 2011 version of the survey were the United States, the United Kingdom, France, Germany, Italy, and Spain…. [***]
Key Findings of the Survey – General Perceptions – Stability in Public Opinion: Basic public stances on immigration have not changed notably in the last year, even in Europe where the perceived threat of movement resulting from the Arab Spring was a central issue. Immigration remained a second order concern for the public, following the economy and unemployment. Perceptions of immigration as a problem or opportunity have changed little since 2008, the first year of the survey. In 2011, 52% of Europeans and 53% of Americans polled saw immigration as more of a problem than an opportunity, with the strongest pessimism in the United Kingdom (68%)…. [***]
Forced Migration, the Arab Spring, and Burden-sharing – Sympathy for Forced Migration for Various Reasons. The public was sympathetic to the plight of migrants forced to flee their homes for a number of reasons: to avoid persecution, armed conflict, and natural disaster. Fewer but still a majority of respondents were also in favor of accepting migrants seeking to avoid poverty. Respondents in Spain (76%), Italy (68%), and the United States (64%) were the most supportive of those fleeing poor economic conditions, compared to a European average of 58%.
Key Findings of the Survey – Forced Migration, the Arab Spring, and Burden-Sharing – Dealing with the Arab Spring: Europeans in general were very open to helping countries in North Africa and the Middle East experiencing the turmoil and aftermath of the Arab Spring with either trade (84% in favor) or development aid (79% in favor), though they were wary of opening their labor markets to migrants from the region (47% in favor) and would prefer that migrants who were admitted stay only temporarily. Eighty percent of European respondents supported European burden-sharing to cope with the flows emanating from the region….[***]”
Click here for TTI Key Findings statement.
Click here for TTI Report.
Click here for TTI Topline Data.
Filed under Analysis, Data / Stats, European Union, France, Germany, Italy, News, Reports, Spain, UK, United States
Australia-Bound Boat Sinks Off Java – Hundreds Feared Dead
A migrant boat attempting to reach Australia sank off the coast of Java on Saturday. The boat was believed to be carrying about 250 persons from Afghanistan, Turkey, and Iran. About 25 persons, including children, have been rescued.
Filed under Australia, Indian Ocean, Indonesia, News
PACE Rapporteur in Malta
Ms Tineke Strik, the PACE Migration Committee’s rapporteur who is heading up the investigation into the deaths of boat people in the Mediterranean, is in Malta today and tomorrow in connection with the ongoing inquiry. PACE Press Statement: Ms. Strik “will make a fact-finding visit to Malta from 15 to 16 December 2011. During her visit, the rapporteur will meet refugees who arrived from Libya after January 2011 to gather testimony on their experiences, and will meet officials from the Maltese armed forces who are involved in organising rescues. She will also meet representatives of NGOs and European and UN officials dealing with refugee matters on the island, and the Maltese delegation to PACE. … Her report is expected in the spring of 2012.”
Click here for press statement.
Filed under Council of Europe, Libya, Malta, Mediterranean, News
ICMC Europe Report: “MAYDAY! Strengthening responses of assistance and protection to boat people and other migrants arriving in Southern Europe”
ICMC has released a 150+ page report entitled “MAYDAY! Strengthening responses of assistance and protection to boat people and other migrants arriving in Southern Europe.” I have just started reading the report and may post some additional excerpts in the coming days. Here is an excerpt from the Foreword and Introduction:
“In the first months of 2011 alone, more than 2,000 migrants have died crossing the Mediterranean Sea. More than 2,500 unaccompanied children arrived just on Italian shores. Tragic, chronic figures like these are urgent and continuous reminders of the need for another approach to human mobility that goes far beyond simple enforcement and fundamentally recognises the rights to life and protection for all.
It is not so much the arrivals of migrants and refugees that should be put to question, but rather the response mechanisms which very often fail as much in the fields of prevention and rescue as in the processes deciding where and how people are permitted to move, disembark, stay or return. Protection today is provided only for a limited number of boat people who need it, and governed by systems of access and identification that are far too limited. Correct identification, differentiation and referral systems are needed for all migrants in distress and from the very moment of their arrival, not only because they are human beings, but also because such approaches reflect the quality of our societies….”
“Scope of this report – Gathering the results of nearly a half thousand surveys of first responders and other actors as well as the migrants themselves, this report examines what happens—or does not happen— to identify migrants in need of protection and assistance upon their arrival in Europe. In particular, it sheds light on the mechanisms developed, and gaps both in practice and in policy in responses to boat people and other migrants arriving in mixed migratory movements in four countries at Europe’s Southern door: Greece, Italy, Malta and Spain.
Although rescue at sea at one end and voluntary or enforcement-related return at the other are highly relevant topics and areas of research per se, DRIVE has focused on the situation of migrants at point of arrival. As such, the project and this report look at first responses in the phase immediately upon and surrounding arrival, and then to identification, differentiation and referral mechanisms for legal protection and/or further assistance in subsequent phases following arrival.
The principal focus of the project was on boat arrivals, but the shift in routes in Greece during the project period and the sharp increase in land border crossings there compelled reflection upon responses to migrants crossing land borders as well as those arriving by sea. While the project maintained its focus on arrivals by sea, one of its findings is that most of the laws, policies, procedures and responses applicable to boat people pertain equally to those arriving across land borders—in particular, steps on identification, differentiation and referral for protection and assistance.
The DRIVE project set out to promote protection of the rights of all migrants in these situations, especially the most vulnerable, regardless of their immigration status. Nevertheless, the project has highlighted four groups whose members have come to be defined to a varying extent as having specific rights or special needs under international and European legal instruments: asylum seekers, victims of human trafficking, children, and victims of torture. It merits emphasising however, that other migrants also have special needs because of particular vulnerabilities,- notably people with serious health problems, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to or witnessed torture, rape or other serious forms of psychological, physical or sexual violence.
Structure of this report – The report is composed of four main parts, plus annexes:
Part 1: Building policy responses to boat people and others arriving in mixed migration flows – Within this first part, Chapter 1 provides a brief history of the policy evolution and the organizations involved in the area of mixed migration. Chapter 2 gives an overview of legal obligations relating to the rights of the migrants composing these arrivals. The third chapter provides an analysis of the EU policy and legal framework with regards to mixed migration arrivals at its borders.
Part 2: A focus on post-arrival identification, differentiation and referral for assistance and protection – The first chapter explains what is meant and implied by “identification, differentiation and referral”in mixed migration contexts, the concept at the core of the DRIVE study. The second chapter seeks to focus on the legal obligations of member states to conduct identification of people in need of protection at the border, with in-depth legal analysis of the rights and state obligations that international and EU law articulate for asylum seekers, children, and victims of human trafficking and torture.
Part 3: What happens to people arriving irregularly by boat in Greece, Italy, Malta and Spain? – The first chapter gives a snapshot of the trends and figures of arrivals in the Mediterranean region. In Chapter 2, the summaries of the four country reports (each presented in its entirety in an annex) then provide a look at the procedures and practices on the ground for first reception, identification and referral. The third chapter presents the results of the extensive migrants surveys that the DRIVE project conducted in the four countries in an effort to give voice to the beneficiaries themselves. Chapter 4 concludes with a comparative analysis identifying the main gaps and challenges in those countries.
Part 4: Conclusions and recommendations – The focus on the four countries enabled consideration of practices and procedures which could either improve the quality of the process or prevent people from accessing protection and assistance. Recommendations therefore seek to address how identification, differentiation and referral can be improved in the Mediterranean, including how the international and European legal and policy framework can address this question in a more comprehensive manner.
Annexes: Detailed mapping of the situation in Greece, Italy, Malta and Spain are attached in the annexes, as well as a presentation of some relevant tools and guidelines….”
Click here for Report.
Filed under Analysis, Data / Stats, Eastern Atlantic, European Union, Greece, Italy, Malta, Mediterranean, Reports, Spain
ECRE Interview with Tineke Strik Regarding PACE Investigation into Migrants Deaths in Mediterranean
ECRE last week published an interview with Ms Tineke Strike regarding the PACE Migration Committee’s ongoing investigation into the almost 2000 migrant deaths that have occurred in the central Mediterranean this year. The Committee is focusing in particular on the incident that occurred in late March 2011 when unknown ship(s) and aircraft observed and then failed to rescue a disabled migrant boat. Approximately 60 persons subsequently died.
Excerpts from the ECRE interview:
“[***] What are the main findings of your report on the death at the Mediterranean so far?
We have spoken with survivors and with the priest who received the request for assistance from the boat in distress, Italian border guards, and the Italian refugee agency, as well as the Italian Refugee Council (CIR), a Member of ECRE. We also talked to different people in Brussels, including NATO, the ambassador of the Council of Europe, Amnesty and several MEPs. Today, during the PACE hearing on November 30 in Paris, we had a discussion with a number of experts in international law, Frontex, UNHCR and ICRC. All in all a lot of information has been gathered.
We have already sent requests for information to find out via satellite maps and logs if there were boats near the distressed boat Once we know under which flags these boats were sailing, we will be able to track which governments might have been responsible and ask them whether they knew that the boat asking for help was in danger or not and how they acted upon that information.
We are actually still waiting for information for this information. It is unfortunate that it takes time to get this information but we are trying to get hold of it through different channels. We have approached High Representative Ashton and asked for her consent to provide us with information from the European Satellite Centre. We have already used this kind of information at the Council of Europe, for example to detect the illegal detention centres that the CIA was using. We therefore hope that Ashton once again will cooperate.
We also asked NATO to provide us with information and have asked all the countries who took part in the NATO action in Libya and who had ships in that region during that period to give us data on where their boats were and when. NATO has promised to request the Member States to provide us with this information, also if these boats were not under the command of NATO. If this does not succeed, we still have our own national parliamentarians that could push their governments in their own country if it is necessary to gather the information.
If countries were involved they might not want to admit that, which makes my position difficult. I am not a judge and I don’t have enforcement powers so I’m partly dependent on the cooperation of various parties. But I think all parties can benefit from transparency on what has happened, in order to avoid such tragedies in the future.
[***]
How do you think the EU has responded to the turmoil and war in North Africa and, in particular, the following displacement of people in the region and the arrival of some of them to Europe?
In my report following the protests in North Africa, we see that by far the largest part of the people who have fled Libya went to Tunisia and Egypt. There was a lot of fuss in the EU about the 25,000 who eventually fled to Italy. Tunisia took half million, Egypt took a half a million which shows how big the contrast with the EU was, especially considering that Member States were reluctant to resettle refugees from camps in Tunisia. This while Tunisia and Egypt were in a very vulnerable position in the post-revolutionary period. If we really want to help and strengthen stability in the region, we must show these states that they are not alone. These countries generously opened their borders, they understood the situation of the people there and to a great extent we stood aside and just watched.
Then we failed to help out Italy and Malta, especially when countries like France and Denmark wanted to close their borders. This shows exactly how much we are still not politically ready for a common asylum system. We provide beautiful public statements but when it comes down to it, Member States do not want to lose their sovereignty or be troubled by developments elsewhere. I do not think you can have both: either you have a joint system and you show solidarity, or you close all the borders and reinvent the wheel.
Common policies go hand in hand with solidarity and in fact we should look beyond the European borders. What you see now is that border controls at the external borders of the EU continue to shift to North Africa and sometimes even further. One cannot claim that our responsibilities only begin when people have reached our territory. I was therefore very disappointed when the European Commission replied to a question by MEP Hélène Flautre on this incident saying that the boat was in Libyan waters and therefore they had no power to get involved. If certain acts like push backs at high sea or bilateral agreements with unsafe third countries such as Libya, lead to death or inhumane treatment, EU member states or other countries of the Council of Europe are accountable for a violation of the European Convention on Human Rights. In that sense I have high expectations of the decision of the ECHR in the case of Hirsi and others v. Italy.
[***]
What do you think the impact of your work and the investigation will be?
I hope the report will raise the awareness of the international obligations and also the awareness of the importance of avoiding such tragedies. It is important that violating the obligation to rescue does not remain unmentioned or lead to impunity. If we succeed in proving which actors were wrong. Member States will be more careful and there will be more pressure to cooperate and share the responsibilities, and to establish practical and binding solutions. Being a parliamentary assembly of national parliamentarians, I also hope that the discussion will also take place in Member States. I find it really outrageous that such a tragedy can occur so close to our borders and that we have been so silent about it.
[***]”
Click here for full interview.
Click here for my last post on this topic.
Filed under Council of Europe, European Union, Frontex, General, Italy, Libya, Malta, Mediterranean, News, Tunisia, UNHCR
Update Regarding PACE Investigation into Migrant Deaths in the Mediterranean
I have sought additional information from NATO and PACE regarding the 29 November hearing held in Paris by the PACE Migration Committee regarding the deaths of boat people in the Mediterranean. I was informed by a PACE official that the minutes of the 29 November hearing will be released during or after the Committee’s next scheduled meeting which will take place in late January 2012.
In my previous post on this topic I incorrectly said that NATO officials attended the 29 November hearing. Instead Ms Strik, the Committee’s rapporteur, met with a senior NATO official in Brussels on 28 November. A NATO official informed me that “during the meeting [with Ms Strik], NATO offered to look into new details of the 28 March 2011 incident which were provided to NATO by Ms Strik. This process is ongoing and we will reply to the Council of Europe in due course.”
The NATO official reiterated to me that NATO ships were “fully aware of their responsibilities” to respond to vessels in distress and noted that during Operation Unified Protector “NATO ships have directly assisted in the rescue of more than 600 people in distress at sea.” The official provided information about two incidents which have previously been reported on:
- “[O]n 26 March 2011, NATO ships responded to information that two migrant ships with over 500 people on board were in distress, which were then provided direct assistance by the Italian authorities. That included a NATO ship using its helicopter to airlift two women and a newborn child to medical help”; and
- “On 10 July 2011, a NATO ship responded to a vessel in distress approximately 75 miles off the coast of Libya. The NATO vessel provided medical support, food and offered mechanical assistance to the distressed migrants. In response to a deterioration of the humanitarian situation onboard, the 114 migrants were transferred onto the NATO ship in accordance with the Safety of Life at Sea (SOLAS) protocol and delivered to safety in Tunisia.”
The reference to the 26 March incident presumably relates in part to the Canadian warship, HMCS Charlottetown, which made contact with a disabled migrant boat carrying over 250 migrants on 25 March. The Charlottetown provided food, waters, and repairs to the migrant boat and escorted it until 26 March when the Italian Coast Guard arrived on scene. As far as I can tell from news reports from the time of this incident, there was only one migrant boat involved. NATO’s current statement indicates there was a second migrant boat encountered by NATO at this time.
Click here and here for my previous posts on the March 2011 incident.
The 10 July incident relates to the rescue of over 100 migrants by the Spanish Navy frigate, the Almirante Juan de Borbón. The rescued migrants remained onboard the Spanish frigate for six days after Malta and Italy refused to permit the NATO ship to enter port to disembark the rescued migrants. The migrants were transferred to a Tunisian navy ship on 16 July and presumably then taken to Tunisia.
Click here and here for my previous posts on the July 2011 incident.
Neither of these two incidents relates to the events that occurred between 25 March and 10 April 2011 when a disabled migrant boat drifted for days during which time approximately 60 persons died. Survivors from the migrant boat reported that at various times military ships and helicopters ignored their requests for assistance. The Guardian reported extensively on this subject and the PACE Committee has been seeking information from NATO about this particular incident.
Click here and here for Guardian articles.
Click here for my last post of the PACE 29 Nov. hearing.
HMCS Charlottetown and migrant boat 25 March 2011.
Spanish frigate Almirante Juan de Borbón rescuing migrant boat on 10 July 2011 and transferring migrants to Tunisian navy vessel on 16 July 2011.
Filed under Council of Europe, Italy, Libya, Malta, Mediterranean, News, 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.)
Filed under Analysis, European Union, Frontex, Italy, Libya, Mediterranean, Tunisia, UNHCR
EU Will Not Fund Construction of Evros (Greece-Turkey) Border Fence
Of possible interest to some, Ekathimerni.com reports that the EU has made it clear it will not provide funding to the Greek government for the construction of a border fence along the Greek-Turkish border along the Evros river. Greece has been planning the construction of the border fence for many months and was seeking €5 million from the EU. Early proposals called for the construction of a fence over 200 km in length. The fence that is now being built will be 12 km in length when completed. “Responding to a question by Euro MP Giorgos Papanikolaou, who is affiliated with conservative New Democracy, European Commissioner for Home Affairs Cecilia [Malmström] said the bloc would not pay for the fence as it would not effectively discourage immigrants or smugglers who would simply seek alternative routes into the European Union, either via another section of Greece’s porous border with Turkey or through the border of another EU member state. [Malmström] reportedly said that the EU would be prepared to fund other measures if they are deemed to be an effective way of curbing illegal immigration into the bloc.”
Click here for current article.
Click here for older article.
Filed under European Union, Frontex, Greece, News, Turkey
Migrant Boat Rescued by Armed Forces of Malta
An Armed Forces of Malta patrol boat rescued 44 Somalis from a sinking 7 metre dingy early Tuesday morning. The rescue took place about 70 nautical miles south of Malta. The migrants have been taken to Malta. The boat is believed to have departed from Libya on Saturday. Survivors reported that two persons died during the voyage.
Click here and here (with video) for articles.
In an incident last week, the Moroccan Royal Navy rescued 53 migrants from a boat off Dar Kabdani. At least four persons are known to have died in that incident.
CARIM Note: Impact of Arab Revolts on Migration
CARIM has published a Note by Dina Abdelfattah, American University of Cairo, entitled “Impact of Arab Revolts on Migration” focusing on Egypt and Libya.
“Abstract – This paper explores how the revolts taking place in the Arab World would affect the migratory outcomes within the region and internationally. The impact of the uprisings on migration will depend on whether the country is a country of origin or of destination. The paper focuses on two cases-studies: Egypt, being the main sending country in the region, and Libya, a main country of destination for migrants from the North African region as well as from Sub-Saharan Africa. The Arab countries are still going through the transition between an old regime and a new one, with major economic and political unrest and episodes of protests and sit ins as well as military actions and, what is more, this period of unrest is likely to last for some time. The impact of the revolutions on the economic and political status of the country is still to be debated and understood. With the lack of clarity in economic and political policies, migration will continue to be unpredictable.
Résumé – Cet article s’intéresse aux conséquences des révolutions arabes sur les migrations régionales et internationales. L’impact des révoltes diffère dans les pays d’émigration et les pays d’immigration. Ce texte traite de deux exemples : l’Egypte, qui est le principal pays d’émigration dans la région, et la Libye, qui est un important pays de destination pour des migrants nord-africains et subsahariens. Les pays arabes traversent une période de transition, qui risque de durer, entre un ancien et un nouveau régime, avec d’importantes protestations politiques et économiques, des manifestations, et des actions militaires. L’impact des révolutions sur la situation politique et économique des pays arabes doit encore être débattu et analysé. L’évolution des mouvements migratoires est difficile à prévoir en l’absence d’une vision claire des choix politiques et économiques à venir.”
Click here for Note.
Filed under Analysis, Egypt, European Union, Italy, Libya, Malta, Mediterranean
Libyan Interception of Migrant Boat Carrying 400 May Have Been Staged
Libyan officials yesterday claimed that Libya intercepted a migrant boat shortly after it left Libya attempting to sail to Italy. The boat was carrying over 400 migrants from sub-Saharan countries including Ethiopia, Ghana, Ivory Coast, and Nigeria. Journalists who interviewed some of the arrested migrants reported the incident appeared to have been staged. Some migrants who “spoke briefly to Reuters said they had paid more than $1,000 each for the trip, and many believed the boat’s captain had had no intention of ever making for the European coast, but had handed them straight to the Libyan authorities. ‘We were deceived by these people, Libyans,’ said Isaac Okyere, a 27 year-old Ghanaian. ‘They marched us to the Navy people,’ he said, adding that the boat was intercepted about 45 minutes after setting sail.” Libyan officials denied the arrests were staged, but did admit that the boat’s captain (who apparently was not arrested) alerted officials in advance of the boat’s departure. It was not reported where the arrested migrants have been taken or what will now happen to them.
Interior Minister Fawzi Abd al All told a news conference that the interception and arrests showed the new government was serious about stopping illegal migration to Europe: “Despite a lack of means, we were able to prevent illegal immigration of people who were heading for Italy. … Illegal immigration was a means of pressure used by the former regime to blackmail Europe. Now this issue will be treated differently. …We expect support from the world” in preventing such trafficking.
Click here (EN), here (EN), here (IT), and here (FR) for articles.
Click here for video.
Filed under European Union, Italy, Libya, Mediterranean, News
NATO Reportedly Agrees to Provide Additional Information to PACE Regarding Migrant Deaths in the Mediterranean
The PACE Committee on Migration, Refugees and Population, in connection with the preparation of a report by Ms Tineke Strik (Netherlands, SOC) on the deaths of boat people who have died in the Mediterranean, conducted a hearing in Paris on 29 November. NATO officials who met with Ms Strik in Brussels before attended the hearing reportedly agreed to provide additional information, which might include satellite imagery, to the PACE Committee.
From PACE Press Statement, 30 November 2011: “‘With 1971 boatpeople having perished in the Mediterranean Sea while trying to reach European soil from North Africa, the year 2011 sets a sad record as the deadliest year for boatpeople,’ PACE rapporteur Tineke Strik (Netherlands, SOC) said at the end of a hearing on this issue, organised by the Parliamentary Assembly of the Council of Europe (PACE) Migration Committee. ‘Never before the Mediterranean Sea has been as closely monitored as this year because of the war in Libya and still more boat people than ever perished or disappeared,’ the rapporteur added. ‘Is there a common understanding of a “distress situation”? Is it clear which legal framework is applicable and by whom? Do all ships, even warships, have to proceed with rescue operations even if they are situated beyond established search and rescue zones? Where does legal responsibility start and where does political responsibility end? These are some of the issues we are currently trying to clarify,’ she said. Mrs Strik’s report will focus on an incident reported in March this year, during which 63 boat people escaping from Libya died after their appeals for rescue had allegedly been ignored. ‘The testimonies of survivors of this incident are coherent, but we have to continue to collect more data and information on who was when and where in the area and we now expect Nato and the EU to provide us with satellite imagery and other relevant information,’ she concluded.”
Click here, here, here, and here for articles.
Click here for PACE Press Statement.
Click here for my last post on the topic.
Filed under Council of Europe, Frontex, Italy, Libya, Malta, Mediterranean, Netherlands, News, 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.
Filed under Italy, Libya, Mediterranean, News
Maltese Constitutional Court Awards Compensation to 2 Somalis Forcibly Repatriated to Libya in 2004
From the Times of Malta: “Two Somali men have been awarded compensation of €10,000 each after the Constitutional Court found that they were forcibly repatriated to Libya from Malta and had not been given the opportunity for asylum. … [After fleeing Libya by boat t]heir boat was intercepted by a Maltese patrol boat and they were brought to Malta. Upon their arrival they were taken to the Police Headquarters. Neither of them was given the opportunity to apply for asylum in Malta nor were they assisted by an interpreter. Twenty days later the two men, together with four other illegal immigrants were taken, handcuffed, to the airport and were forcibly sent back to Libya. Both men asked to speak to the UNHCR representative in Malta but their request was refused. Upon their arrival in Libya they were arrested, beaten and tortured while they were kept in prison for a week. They were transferred to another prison and, three months later, they were taken to court where they were tried without an interpreter. The men were sentenced to one year’s imprisonment. During their time in prison they were again beaten and tortured. … The case was instituted by Abdul Hakim Hassan Abdulle and Kasin Ibrahim Nur after they managed to endure torture in a Libyan jail and abandonment in the Sahara Desert before returning to Malta…. In their constitutional application the men claimed that their right to freedom from inhuman and degrading treatment had been violated by the fact that they had been forcibly repatriated to a country which was known to practise torture. They further claimed that their fundamental human right to an effective remedy had been violated as Malta had not allowed them to apply for asylum. Mr Justice Pace pointed out that in terms of law, an immigrant had to be informed of his right to seek asylum in Malta in a language he understood. This had not been done in this case….”
Thanks to Dr Neil Fazon (Aditus.org.mt) for pointing this out and for providing a copy of the Court’s decision.
Click here for article.
Click on this link Abdul Hakim et vs MJHA et for decision (Maltese).




