UN rights expert calls Italy to stop criminalize activists saving migrant at sea

Anjali Sharma

GG News Bureau

UNITED NATIONS, 10th Feb. UN Special Rapporteur on the situation of human rights defenders Mary Lawlor on Thursday said that activists working with sea-rescue charities in Italy should not be criminalized, ahead of a trial against crew members from several non-governmental organizations.

The expert noted that preliminary criminal proceedings opened last May in Sicily against 21 people charged with aiding and abetting illegal immigration in connection with several search-and-rescue missions conducted between 2016 and 2017.

Ms. Lawlor said those accused include four crew members of the Iuventa, a former fishing trawler credited with saving some 14,000 migrant lives in the Mediterranean Sea, and human rights activists from other civilian vessels.

She said the ongoing proceedings are “a darkening stain on Italy and the EU’s commitment to human rights”.

“They are being criminalized for their human rights work. Saving lives is not a crime and solidarity is not smuggling.”

Ms. Lawlor has engaged with the authorities on the issue.

She noted that the proceedings have been plagued by procedural violations, including failure to provide adequate interpretation for non-Italian defendants, and translation of key documents.

Italian Prime Minister’s Office and the Ministry of Interior applied to join the case as plaintiffs, seeking compensation for damage claimed to have been caused by the alleged crimes.

“States that respect human rights promote the work of human rights defenders,” said Ms. Lawlor.

“The Government’s decision to seek to join the case goes directly against this principle – it is a very disturbing sign.”

She stressed that the case is unfolding against a backdrop of new restrictions imposed by the Italian authorities on civilian search and rescue operations.

NGO ships have been instructed to disembark rescued persons at ports in north and central Italy, or several days’ sailing from rescue sites in the Central Mediterranean since last December.

The new regulations for civilian search and rescue, introduced in January, effectively prevent NGO captions from carrying out multiple rescues during a mission.

Ms. Lawlor stated that they must request a port of disembarkation and head there without delay or risk facing heavy fines and having their vessels impounded.

She urged the Italian Government to repeal the legislation, which is incompatible with its obligations under international law.

“The new legislation and instructions on ports of disembarkation are obstructing essential activities of civilian rescue ships,” she said.

She concluded “They are widening the search and rescue gap in the Central Mediterranean, putting lives and rights at further risk.”