Two boats carrying Libyans have arrived in the Tunisian port of El Ktef in Ben Guerdane this week. The port is located just west of the international border with Libya. TAP reports that one boat arrived earlier this week carrying 38 Libyan civilians and military members. A second boat arrived on Thursday carrying 48 people, 19 of whom were Libyan military or police members.
Click here and here for articles. (FR)
Filed under Libya, Mediterranean, News, Tunisia
A boat carrying 840 sub-Saharan asylum seekers from Libya reached Lampedusa on 22 June. According to media reports this landing constitutes the largest single landing of a migrant boat on Lampedusa, though boats carrying larger numbers of persons have arrived elsewhere. Among the 840 persons were 117 women and 28 children. 932 migrants landed in Pozzallo, Ragusa, several weeks ago. Because the 20-metre long boat was dangerously overcrowded and unstable, Italian authorities boarded the vessel as it approached Lampedusa in order to redistribute weight and to steer the boat into the harbour in an effort to prevent the vessel from capsizing.
Click here (EN) and here (IT) for articles.
Filed under Italy, Libya, Mediterranean, News
The Migration Committee of the Parliamentary Assembly of the Council of Europe has appointed Tineke Strik (Netherlands, SOC) to prepare a report on the deaths of boat people who have died in the Mediterranean since January 2011.
From the PACE press statement: “‘There have been allegations that migrants and refugees are dying after their appeals for rescue have been ignored,’ said Mrs Strik. ‘Such a grave allegation must be urgently investigated. I intend to look into the manner in which these boats are intercepted – or not – by the different national coastguards, the EU’s border agency FRONTEX, or even military vessels. I also intend to speak to witnesses directly involved in reported incidents, and put questions to national authorities, the UNHCR, FRONTEX and NATO, among others.’ On 8 May, the Guardian newspaper reported that 61 boat people escaping from Libya had died after their appeals for rescue had been ignored by armed forces operating in the Mediterranean. The following day PACE President Mevlüt Çavusoglu called for ‘an immediate and comprehensive enquiry’ into the incident.”
Click here for PACE press statement.
Filed under Council of Europe, Frontex, Italy, Libya, Malta, Mediterranean, News, Tunisia
UNHCR released the text of its oral submission as a third party intervener before the ECtHR Grand Chamber in Hirsi and others v Italy, Requête no 27765/09. The oral submission was made by Madeline Garlick, Head of Policy and Legal Support Unit, Bureau for Europe.
Note UNHCR’s disagreement with the Government of Italy’s position on the extraterritorial applicability of Article 4 of Protocol 4’s prohibition of collective expulsion: “Although it is of primary importance to this case, UNHCR today will not address Article 4 of Protocol 4 of the European Convention on Human Rights, since the Office of the United Nations High Commissioner for Human Rights covers it comprehensively in its written submission. UNHCR supports and shares the views expressed in that submission, holding that the prohibition of collective expulsion is at stake in this case including in relation to extraterritorial acts.”
Click here for the full text of UNHCR’s oral submission.
Filed under Council of Europe, European Court of Human Rights, Italy, Judicial, Libya, Mediterranean, News, OHCHR, UNHCR
I have watched a portion of the web cast of yesterday’s oral submissions before the ECtHR Grand Chamber in Hirsi and others v Italy, Requête no 27765/09. Here is a summary of the oral submissions made on behalf of the Respondent Government of Italy by Mrs. Silvia Coppari, Co-Agent, and Mr. Giuseppe Albenzio, Adviser. NB while I think my notes are accurate, do not rely on them for exact quotes of any of the oral remarks.
Oral Submission by Mrs. Silvia Coppari, Co-Agent, Government of Italy
Introductory Remarks Critical of Applicants:
Coppari began her oral submission by saying that the Italian government did not intend to enter into the controversy raised by Applicants in their written submissions where the Italian government and its representatives were insulted and provoked by the Applicants’ statements that the arguments relied upon by the Italian government were purely formal or quite absurd and tendentious. Coppari described the Applicants’ written submission as a political and ideological manifesto against the government and its policy.
Questioning Why Italy Was Singled Out:
Coppari said that the issues raised by the Applicants related to European public policy in general and therefore all EU Member States should be involved in the case. Italy’s policies and actions were adopted and carried out in a manner consistent with the guidelines, objectives, and guidance set by the EU to curb illegal migration.
Reminding Court that Case is Limited to the Events of 6 May 2009 and is Not a Challenge to Italy’s Migration Policies:
Coppari emphasised that the Application was lodged only with respect to the events that took place on 6 May 2009 when the push-back operation involving the Applicants occurred and that the Application does not deal with the public policy or practices of the Government.
Admissibility Challenge No. 1:
Coppari recalled that the allegations lacked specific supporting evidence and noted that the Applicants themselves have not testified in any domestic proceedings and have not otherwise personally participated in the case. Coppari expressed misgivings about the validity and authenticity of the authorisations given to the Applicants’ legal representatives. Coppari said there was no certainty as to the identity of the Applicants and therefore no likelihood of individually assigning a particular alleged offence to them or a possible violation of their rights under Art. 34 of the Convention.
Admissibility Challenge No. 2:
Coppari made a second inadmissibility objection due to the failure of the Applicants to lodge an appeal with the Italian courts in line with Art. 13. The pursuit of such domestic remedies would have given the Italian authorities the opportunity to check whether those who were rescuing illegal migrants on the high seas were possibly liable for any rights violations. Coppari emphasised that at present there are criminal proceedings underway at the domestic level in cases very similar to the instant case and that these cases will determine whether there was compliance with national and international standards and whether there was effective access to procedures for international protection for unidentified migrants intercepted at high seas and transported to Italian vessels. The existence of these ongoing domestic cases proves that domestic remedies do exist which were not pursued by the Applicants.
The Events of 6 May 2009:
Coppari said that the operations carried out on 6 May 2009 to intercept 3 makeshift migrant vessels were done to protect the migrants from danger and to control the flows of illegal migration towards Europe. The migrant vessels were in distress on high seas in the Maltese SAR zone. The migrants were rescued and returned to Libya on board Italian military vessels. There is no evidence suggesting that requests for international protection were made to Italian authorities. The migrants were in fact welcomed upon arrival in Libya. The returns did not breach any basic rights of the Applicants.
Prohibition Against Collective Expulsions Does Not Apply Extraterritorially:
Coppari said that prohibition of collective expulsions provided by Art. 4 of Protocol 4 is not applicable to the case. Coppari said that the use of the word “expulsion” is an obstacle to its application in the case of extraterritorial exercise of state jurisdiction. Not only is it an apparent obstacle, it is in fact a logical obstacle which cannot be circumvented because an “expulsion” can only happen to people who are already on national territory or who have illegally crossed the border. The transfer to a vessel on the high seas cannot be equated with entry upon national territory or permanent residence on national territory.
Giuseppe Albenzio, Adviser, Government of Italy
Introductory Remarks – Italy’s Policies Consistent with EU Principles:
Italy has acted in respect of principles handed down by the EU. The European pact on immigration and asylum provides for limits on migratory flows, the need to control illegal immigration by ensuring that illegal immigrants are returned to the country of origin or to a country of transit, the need to make border controls more effective, and to make partnerships with countries of origin or transit.
At the Time of the Events in Question, Libya Was a Country with an Adequate Protection System in Place:
Italy’s bi-lateral agreements with Libya at the time they were implemented recalled the general principles of international law and of human rights and therefore in face of these principles recognised in the agreements, the misgivings regarding Libya’s non-subscription to the UN Refugee Convention should not exist and are not justified especially since Libya has signed the similar African Union Convention for refugees. It should also be underlined that at the time of the events in question, the UNHCR and IOM were both active in Tripoli and the operations that were carried out in the months after the bilateral treaty was implemented should be seen in this context.
After the first phase of the implementation of the bi-lateral treaty when Italian authorities took note of the fact that Libyan authorities had ordered the UNHCR office in Tripoli to close, which in turn made it difficult to guarantee the protection of fundamental rights on its territory, Italy’s methods for rescuing migrants on the high seas were modified and people who were on vessels coming from Libya would be accompanied to Italian soil after rescue.
The web cast of the hearing is available here. (I was able to view this with IE but not with Firefox.)
Filed under Council of Europe, European Court of Human Rights, European Union, Italy, Judicial, Libya, Mediterranean, News, UNHCR
[Update: A web cast of the hearing is available here. (I was able to view this with IE but not with Firefox.)]
The case of Hirsi and others v Italy, Requête no 27765/09, will be heard by the Grand Chamber of the European Court of Human Rights today, 22 June, 09.15 am CEST.
Given the events in Libya and the resulting halt to the Italian push-back practice, there may have been a moment some weeks ago when the question of mootness of the case might have been considered, but given the recently executed Memorandum of Understanding between Italy and the Libyan National Transitional Council and the public promises made by the leadership of the NTC to respect and implement the migration and other agreements made by the Gaddafi government, it would appear Italy hopes to revive the push-back practice at some point in the future.
From the Registrar’s Press Release:
“The case concerns a group of Somalian and Eritrean migrants travelling from Libya who were intercepted at sea by the Italian authorities and sent back to Libya. The applicants are eleven Somalian and thirteen Eritrean nationals. They were part of a group of about 200 people who left Libya in 2009 on board three boats bound for Italy. Among them were women who were pregnant at the time and children. On 6 May 2009, when the boats were 35 miles south of Lampedusa (Agrigento), in waters under Maltese jurisdiction for search and rescue purposes, 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. The applicants consider that their case falls within the jurisdiction of Italy. Relying on Article 3 of the Convention (prohibition of inhuman or degrading treatment), they argue that the decision of the Italian authorities to intercept the vessels on the high seas and send the applicants straight 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). Lastly, relying on Article 13 of the Convention (right to an effective remedy), they complain that they had no effective remedy against the alleged violations of Articles 3 of the Convention and 4 of Protocol No. 4. The application was lodged with the European Court of Human Rights on 26 May 2009. The Chamber to which the case was assigned relinquished jurisdiction in favour of the Grand Chamber on 15 February 2011.”
From my previous post of 16 March:
The case of Hirsi and others v Italy, Requête no 27765/09, has been scheduled for a hearing on 22 June 2011, 9.15 am, before the Grand Chamber of the European Court of Human Rights.
Proceedings before the Grand Chamber were initiated on 1 March 2011 when the Second Section of the Court relinquished jurisdiction. On 17 November 2009 the Second Section of the Court communicated the case. 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.
The Applicants allege violations of numerous provisions of the European Convention on Human Rights:
Protocol 4, Art. 4 Prohibition of collective expulsion of aliens;
Art. 3 Torture;
Art. 1 (1) General undertaking/HPC;
Art. 13 Effective remedy/national authority; and
Art. 3 Inhuman or degrading treatment.
The Statement of facts, complaints and questions (EXPOSÉ DES FAITS et QUESTIONS AUX PARTIES ET DEMANDES D’INFORMATIONS) issued by the Second Section to the parties is available only in French:
GRIEFS
Invoquant l’article 3 de la Convention, lu en conjonction avec l’article 1 de la Convention, les requérants se plaignent de ce que les modalités de leur renvoi en Libye, ainsi que leur séjour dans ce pays ou leur rapatriement dans leurs pays respectifs les soumettrait au risque de subir des tortures ou des traitements inhumains et dégradants.
Invoquant l’article 4 du Protocole no 4, lu en conjonction avec l’article 1 de la Convention, ils affirment avoir fait l’objet d’une expulsion collective atypique et dépourvue de toute base légale.
Invoquant l’article 13, les requérants dénoncent l’impossibilité de contester devant les autorités italiennes leur renvoi en Libye et le risque de rapatriement dans leurs pays d’origine.
QUESTIONS AUX PARTIES ET DEMANDES D’INFORMATIONS
QUESTIONS
1. Les faits dont les requérants se plaignent en l’espèce relèvent-ils de la juridiction de l’Italie ?
2. La décision des autorités italiennes d’intercepter en haute mer les embarcations et de renvoyer immédiatement les requérants, compte tenu notamment des informations provenant de sources internationales et concernant les conditions des migrants clandestins en Libye, a-t-elle exposé les requérants au risque d’être soumis à des traitements contraires à l’article 3 de la Convention dans ce pays ?
3. Compte tenu des allégations des requérants (voir formulaire de requête annexé), y a-t-il des motifs sérieux de craindre que le rapatriement dans leurs pays d’origine, soit la Somalie et l’Érythrée, les exposerait à des traitements contraires à l’article 3 ?
4. Le renvoi des requérants en Libye de la part des autorités italiennes s’analyse-t-il en une expulsion contraire à l’article 4 du Protocole no 4 ?
5. Les intéressés ont-ils eu accès à un recours effectif devant une instance nationale garanti par l’article 13 de la Convention pour faire valoir leurs droits garantis par les articles 3 et 4 du Protocole no 4 ?
DEMANDES D’INFORMATIONS
Le gouvernement défendeur est également invité à fournir à la Cour toute information disponible concernant :
– Le nombre de migrants irréguliers arrivés mensuellement sur les côtes italiennes, et en particulier à Lampedusa, au cours des dernières années ;
– L’entité et l’origine du phénomène migratoire en Libye ; la législation en la matière en vigueur dans ce pays ; le traitement réservé par les autorités libyennes aux migrants irréguliers arrivés en Libye directement ou suite au renvoi depuis l’Italie.
Le Gouvernement est également invité à produire à la Cour les textes des accords signés par les gouvernement italien et le gouvernement libyen les 27 décembre 2007 et 4 février 2009.
Il est enfin invité à expliquer à la Cour le rapport existant entre les opérations prévues par les accords bilatéraux avec la Libye et l’activité de l’ « Agence européenne pour la gestion de la coopération opérationnelle aux frontières extérieures des États membres de l’Union européenne (Frontex) ».
Click here (FR) for EXPOSÉ DES FAITS et QUESTIONS AUX PARTIES ET DEMANDES D’INFORMATIONS.
Click here, here, and here for my previous posts on the case.
Also, click here for a post by Costanza Hermanin, an Open Society Justice Initiative consultant.
Filed under Council of Europe, European Court of Human Rights, Italy, Judicial, Libya, Mediterranean, News
PACE President Mevlüt Cavusoglu announced today that the PACE Migration Committee will conduct an inquiry into the incident that occurred in April when 61 migrants died at sea after leaving Libya. Survivors from the boat reported that several ships, including naval ships, ignored their calls for assistance. The Committee will designate a Rapporteur this week who will look into this incident as well as “other cases where better interception and rescue co-ordination could have saved human lives.”
Click here and here for PACE press statements.
Click here and here for previous posts.
Filed under Council of Europe, Libya, Mediterranean, News
Italian Interior Minister Roberto Maroni is calling for the NATO maritime blockade of Libya to be expanded to block the departure of migrant boats attempting to flee Libya. Maroni said “I think you can intervene immediately by asking the NATO vessels already along the Libyan coast … to also be used to block people from leaving … This can be done right away if NATO agrees. It would be a solution to the problem.”
Click here and here for articles.
Filed under Italy, Libya, Mediterranean, News
Foreign Minister Franco Frattini and Mahmud Jabril, the head of the Libyan National Transitional Council (NTC), signed a migration agreement today in Naples. The agreement provides for “mutual assistance and cooperation in combating illegal migration, including repatriation of illegal immigrants.” Frattini is quoted by media reports that Italy “is ready to help the NTC in terms of equipment and facilities, as we did with Tunisia, providing the tools to patrol and prevent the illegal trips.” Jabril said that with the agreement “we reaffirm the commitment of the NTC to respect previous agreements by Libya” with Italy and that “illegal immigration in our opinion will shape relations between Europe and Africa for the next 25 years.”
Click here, here, here, and here for articles. (IT)
UNHCR spokesperson Laura Boldrini has said that the UNHCR was surprised at Foreign Minister Frattini’s claim that UNHCR was somehow involved in any new migration agreement between Italy and the Libyan National Transitional Council. According to TM News Boldrini said “there is no involvement of any kind relating to these operations and [UNHCR] reiterates its opposition to any action of expulsion at sea of migrants heading for the Italian coast.”
Click here (IT) for article.
[UPDATE: Click here and here for articles where Frattini clarifies he did not intend to suggest that UNHCR would be involved in the new agreement. The agreement in question is being referred to as a Memorandum of Understanding for Cooperation in the Fight Against Illegal Immigration, Terrorism, Organized Crime and Drug Trafficking. (Un Memorandum d’ Intesa per la collaborazione nella lotta all’ immigrazione clandestina, al terrorismo, alla criminalità organizzata ed al traffico di stupefacenti.)
Filed under Italy, Libya, Mediterranean, News, Statements, UNHCR
Italian Foreign Minister Franco Frattini said earlier today that an agreement would be signed tomorrow between the Italian government and the Libyan National Transitional Council (NTC). While no specific details of the agreement are being reported yet, the agreement will supposedly commit the NTC to taking steps to prevent the departure of migrants and also includes a repatriation agreement. Frattini also said that the UNHCR will be a party to the agreement. Frattini is quoted as saying that “unlike what happened with Gaddafi this agreement sees the UNHCR fully involved.”
Click here (IT), here (FR), here (IT), here (IT), and here (IT) for articles.
[Update: UNHCR has expressed suprise at Frattini’s statement and said that it has no invovlement with this new agreement.]
Filed under Italy, Libya, Mediterranean, News, UNHCR
According to information presented by Maltese Justice Minister Carmelo Mifsud Bonnici, 1,451 migrants have reached Malta during the first five months of 2011. There were no arrivals during the first two months of the year. 819 people arrived in March, 288 in April, and 347 in May. Most of the migrants were Somali (411) and Eritrean (280).
In a separate statement, Maltese Refugee Commissioner Mario Guido Friggieri said that a total of 1,530 migrants in seven boats have arrived in Malta to date in 2011. This would suggest that there have been 79 migrant arrivals so far during the month of June.
Friggieri also reported that the Refugee Office has received 600 applications for protection of which 420 have been decided: 5 migrants have been granted refugee status, 370 granted subsidiary protection, 8 granted temporary humanitarian protection status, and 1 was granted “special protection.” 36 applications have been rejected. 91% of the applications for protection decided to date have been approved in some fashion.
As of the end of the month of April, there were 1,048 migrants being detained in detention centres and 2,294 in open centres.
Click here, here, and here for articles.
Filed under Data / Stats, European Union, Libya, Malta, Mediterranean, News
Italian Foreign Minister Franco Frattini said during a TV interview earlier today that “the [Libyan] rebels have said they will keep the international commitments of the Libyan state” relating to illegal immigration (”I ribelli hanno detto che manterranno gli impegni internazionali dello stato libico…”) and that he expects an “important political signal [from the rebels] in the coming days.” (“Mi aspetto da parte loro un segnale politico importante gia’ nei prossimi giorni”.)
Libyan rebel leader, Mustafa Abdel Jalil, has previously said that a post-Gaddafi Libyan Government would respect “all agreements with Italy by the [Gaddafi] regime, including those involving combating illegal migration and oil contracts with Eni.” Specifically, Jalil has said that the rebels would “respect the Italian-Libyan Treaty signed by Prime Minister Silvio Berlusconi and Colonel Muammar Gaddafi. … Any treaty or agreement [which was done] we respect it” and “we will try to implement the treaties.”
Click here, here, or here for article. (IT)
Click here for previous post on Jalil’s statement.
Filed under Italy, Libya, Mediterranean, News
Frontex Deputy Executive Director Gil Arias announced today at a press conference that during the first quarter of 2011 most irregular migrants have entered the EU through Italy, primarily at Lampedusa. In 2010 the Greek-Turkish border was the main entry point for irregular migrants.
A total of 32,906 irregular migrants were detected at the EU borders during the 1st Quarter 2011 compared with a total of 14,857 during the 1st Quarter of 2010. Of the 32,906, 22,000 entered through Italy during the 1st Quarter, mostly at or around Lampedusa, and 7,200 entered the EU through Greece.
So far this year, January 1 to present, approximately 41,000 irregular migrants have entered the EU in the area around Lampedusa and other nearby islands.
Click here (EN), here (EN), here (IT), and here (IT) for articles.
Filed under Data / Stats, European Union, Frontex, Greece, Italy, Libya, Mediterranean, News, Tunisia, Turkey
The latest edition of the International Journal of Refugee Law, contains an article by Violeta Moreno-Lax (PhD Candidate at Université catholique de Louvain; Visiting Fellow 2010-11 at Refugee Studies Centre, University of Oxford) entitled “Seeking Asylum in the Mediterranean: Against a Fragmentary Reading of EU Member States’ Obligations Accruing at Sea.”
Abstract: “Although both international and EU law impose a number of obligations on the EU Member States with regard to persons in distress at sea, their effective implementation is limited by the manner in which they are being interpreted. The fact that the persons concerned are migrants, who may seek asylum upon rescue, has given rise to frequent disputes and to episodes of non-compliance. Frontex missions and the Italian 2009 push-back campaign illustrate the issue. With the objective of clarifying the scope of common obligations and to establish minimum operational arrangements for joint maritime operations, the EU has adopted a set of common guidelines for the surveillance of the external maritime borders. On the basis of the principle of systemic interpretation, this article intends to contribute to the clarification of the main obligations in international and European law binding upon the EU Member States when they operate at sea.”
This is a revised and updated version of the paper presented at the 12th IASFM Conference held in Nicosia, 28 June-2 July 2009. [The article was written and sent for typesetting before the various uprisings in North Africa – IJRL Editor, 4 March 2011]
Click here for link. (Subscription or payment required.)
Filed under Analysis, Eastern Atlantic, European Court of Human Rights, European Union, Frontex, Greece, Italy, Libya, Malta, Mauritania, Mediterranean, Senegal, Spain
MIGRANTS AT SEA 