On March 23, around 2:00 PM, A., one of the 170 people who had been rescued by the merchant vessel Vos Triton on June 14, 2021, and then handed over to the so-called Libyan Coast Guard with the support of Italian authorities, arrived in Italy. In Libya, following the pushback, the people had been taken to detention centers and subjected to severe abuse and violations of their fundamental rights. The Rome Court determined Italy’s responsibility for coordinating the delegated pushback and ordered the issuance of a humanitarian visa for A. to allow him to apply for asylum in Italy.
In June 2021, the Italian Maritime Rescue Coordination Center (MRCC Rome) was immediately informed of the need to intervene to rescue the 170 people by the Alarm Phone network. However, despite knowing that returning the survivors to Libya would have dramatic consequences in terms of human rights violations, the MRCC instructed the Vos Triton to wait for the arrival of the Libyan patrol boat Zawiya and hand the survivors over to them.
Although no Italian naval assets were present at the scene and the Vos Triton flew the Gibraltar flag, the Court found Italy responsible. According to the Court, the actions and omissions of the Italian MRCC were sufficient to establish a “qualified relationship” between A. and Italy, which gives rise to the “right to reparation for the fundamental human rights violations suffered due to Italian conduct, specifically by allowing his entry into Italy.”
The ruling clarifies that the Italian authorities played a substantial supporting role in the entire operation, placing them in a position of “responsibility to ensure the rescue of all survivors, including the current claimant, from recovery at sea to disembarkation in a safe place, something that Libya could never and can never be considered.”
According to Nicola Datena, A.’s lawyer and ASGI member, “The ruling establishes a crucial principle that breaks a systemic practice of the Italian maritime authorities. Despite having the knowledge and means to intervene to assist migrants in danger in the Mediterranean, to prevent their arrival in Europe, they favor and push Libyan authorities to return—sometimes violently—those fleeing to Libya. This type of intervention, known as ‘delegated pushback,’ has finally been declared illegal by the Rome Court.”
The forensic investigations network. JL Project has found over 700 victims of illegal pushbacks in Libya. A. will now be able to apply for protection in Italy. Many of his companions remain in Libya, subjected to violence and forced labor.
“A court ruling should not be necessary to save a person from drowning at sea. Anyone should be able to purchase a plane ticket with an entry visa: only in this way can the lives of asylum seekers be protected, instead of pushing them back to the Libyan hell they are fleeing; and it is only in this way that organized crime can be fought, by stopping its funding,” commented Alice Basiglini from the Roman Baobab Experience association, which will host A. from today.
“With this ruling, Italy’s covert role in the massive system of illegal pushbacks from the sea to Libyan detention camps is finally recognized. This opens the door for active legal projects like our JLProject, which are helping victims obtain justice,” said Sarita Fratini from JLProject.
The reconstruction of the events was made possible thanks to documentation provided by the “Seabird” civil aircraft from the NGO Sea-Watch, the Alarm Phone network, and the immense work of JLP in identifying the people who were pushed back, which allowed A. to access justice.
