Claiming damages for pushbacks to Libya operated by Italian ships or coordinated by Italy and other related actions.
What it is about
For years, the Italian government has been responsible for pushbacks of refugees, asylum seekers and third country nationals trying to leave Libya to reach European shores.
The behavior of Italian authorities has changed over the years, and it has been necessary to find new legal strategies to identify the government’s responsibilities and to obtain convictions.
In the years 2008-2009 the Italian navy itself, after intercepting and rescuing people fleeing Libya, returned them to Libyan authorities instead of considering their asylum claims and taking them to Italy. This modality of pushbacks was condemned in 2012 by the European Court of Human Rights (ECtHR) in the case Hirsi Jamaa and others v. Italy, and damages were subsequently awarded to the victims by the Civil Court of Rome and the Court of Appeal of Rome.
Following the Italy-Libya Memorandum of February 2, 2017, instead of coming into direct contact with rescued migrants, the Italian government, through the Ministries of Interior, Defense, Transport and Infrastructure provided technological and logistical support to the Libyan authorities – and in particular to the so called Libyan Coast Guard – so that it could intercept boats fleeing Libya, rescue people, and return them to detention centers.
The Italian government has thus delegated pushbacks by coordinating rescues, structuring the Libyan Coast Guard, and giving political legitimacy to the Libyan government.
In this context, actions were developed to have the Italian conduct declared unlawful and to have the victims’ right to compensation for damages recognized.
What has been done:
1. Claim for damages for the pushback to Libya of 5 Eritrean nationals carried out by the ship “Asso Ventinove” of the Augusta Offshore company under the coordination of the Italian authorities.
On July 2, 2018, Italian authorities requested and coordinated the intervention of the “Asso Ventinove” ship in rescue operations initiated by a Libyan patrol boat. Specifically, ships Caprera and Duilio of the Italian Navy, stationed in Tripoli, asked the “Asso Ventinove” to take on board 150 people originating from Eritrea, Ethiopia, and Sudan. The ship brought the people back to Tripoli and handed them over to Libyan authorities. The fleeing individuals were thus again illegally detained and subjected to abuse and torture. The case is pending before the Civil Court in Rome.
2. Application to the ECtHR for the pushback to Libya of refugees coordinated by Italy.
On November 6, 2017, the Maritime Coordination Center (MRCC) of the Italian Coast Guard coordinated the interception of migrants by a Libyan patrol boat, donated to the Libyan authorities by the Italian government. Some third country nationals were rescued by the NGO Sea-Watch, while others were brought back to Libya and detained in inhumane conditions, suffering beatings, extortion, starvation and rape, in some cases accepting voluntary repatriation. The proceedings are pending.
What are we working on
Claims for damages for pushbacks carried out by the Libyan Coast Guard under the coordination of the Italian Navy ship anchored in Tripoli. As part of military missions abroad, the Italian government, through the Ministry of Defense, has a navy ship in Tripoli that performs functions of both logistical support to the Libyan Coast Guard for the refitting of patrol boats in case of breakdown and of practical coordination of rescue operations. Indeed, there is extensive evidence that distress calls and rescue instructions are received and issued from the Italian ship itself.
Claims for damages and a request to halt operations for pushbacks carried out by the Libyan Coast Guard with the support of Frontex. Frontex plays an increasingly decisive role in the pushbacks operated by the Libyan authorities with various activities that facilitate the interception and rescue of fleeing individuals, including coordinating operations, indicating the dinghy in distress to Libyan patrol boats, etc.
Claims for damages and injunction in case of inaction. It happens more and more often that the Italian MRCC, having received a distress call, forwards it to the Libyan and Maltese coordination centers without ensuring the success of the rescue operations. There are numerous cases of shipwrecks and ships adrift even for several days without the intervention of any Italian ship, without a merchant ship being directed there, etc.
What else can be done
These applications can be filed mainly by third country nationals who are on European territory, enjoy a stable legal position and who share the political and strategic scope of this action.
Almost all asylum seekers in Italy and in other EU Member States have been victims of pushbacks, and in many cases it is possible to identify a direct Italian or Frontex responsibility.
Lawyers, legal practitioners and other professionals who are in contact with people who have been returned to Libya as a result of trying to reach European shores – both by Italian and Libyan authorities – can get in touch with us so that we can gather information about the pushback and provide insights for the presentation and multiplication of these actions.
