Rescue teams are preparing to search for survivors of the migrant boat disaster in Steccato di Cutro, near Crotone, Italy.reuter file
Human rights groups and charities have praised Italy’s Supreme Court of Appeal’s ruling that deporting sea migrants to Libya is illegal.
Italian towboat captain Asso 28 was found guilty by the Court of Cassation in 2018 after rescuing 101 migrants from a rubber dinghy and transporting them back to Libya.
According to the court, the rescue took place in international waters 105 kilometers off the coast of Libya. He also said the migrants included children and pregnant women.
The captain, whose identity was not released in court due to privacy concerns, was sentenced to one year in prison for abandoning a minor or incapable of supporting himself and for leaving someone behind after disembarking. .
However, it is unlikely that he will go to prison because under the Italian system, sentences of less than four years are usually not served behind bars.
The judgment is final and upholds previous decisions by two lower courts. The lawsuit was filed on February 1st but was made public by Italian media over the weekend. Reuters obtained a copy on Sunday.
Governments in Italy and other European countries have taken a tougher stance on immigration in recent years, amid growing support for right-wing parties that call for strict limits on people arriving by sea from North Africa. The crossing from Libya to Italy is one of the most used sea migration routes.
“This case law confirms what we have been saying for years: Libya is not a safe country,” migrant rescue group Mediterranean Saving Humans told X.
Amnesty International’s Italian office also praised the ruling and criticized the government for cooperating with Libyan authorities on migration issues.
“Pushing people back to Libya and cooperating with the so-called (Libyan) coast guard are inconsistent with the obligation to bring rescued people to safety,” the ministry said.
Under international humanitarian law, migrants cannot be forcibly returned to countries where they are at risk of severe abuse, and widespread migrant abuse has been widely documented in Libya.
Back in 2018, Asso28’s actions came to the attention of the United Nations refugee agency UNHCR, which expressed concern about possible “violations of international law.”