Harassment of rescued migrants: Italy’s policy violates human rights Hundreds of dead dolphins on the coast of the Atlantic Ocean: now politicians are reacting

After four days of heavy travel and a detour of 1500 kilometers, 95 people rescued from the Mediterranean Sea left the “Ocean Viking” in Carrara a few days ago. On January 25, the ship of the German aid organization SOS Méditerranée took on board the migrants in distress off the coast of Libya.

Italian authorities instructed rescuers to drop off their passengers in faraway Carrara in northern Tuscany. Instead of a day on the high seas – that’s roughly how long it takes to cross from Libya to Sicily – the crew and their passengers faced a multi-day journey across the Mediterranean.

And Carrara is not an isolated case. At the beginning of this year, the new Italian government led by Giorgia Meloni tightened the screw in migration policy. Ships make long detours to the northern Adriatic or even to the coast of Tuscany.

Ravenna, La Spezia, Livorno: Italy sends the civilian rescuers at sea on long detours (the international coastal waters off Libya, where the ships of the aid organizations operate, are red):

Now the Council of Europe has reacted in Strasbourg to Italy’s policy of distant ports. The Council of Europe acts as the supreme guardian of human rights in Europe. The list of members goes far beyond that of the EU countries.

Switzerland is there, as are the non-EU countries Norway and Great Britain. Russia was excluded after the attack on Ukraine. In a letter to the Italian Interior Minister, Matteo Piantedosi, the Council of Europe has now expressed clear criticism.

Italy presents the rescuers with a dilemma

In particular, the letter denounces two demands from Italy: the allocation of distant ports for civilian rescuers at sea and a provision requiring the helpers to go to the assigned port immediately after a rescue operation. If the aid organizations want to avoid fines of 50,000 euros or even the seizure of their ships, they will no longer be allowed to carry out further rescue operations on their route. However, according to the Council of Europe, they violate international law.

Italy fights back. According to the Ministry of the Interior in Rome, civilian rescuers at sea do not operate within a legal framework. The claim backs her up by arguing that the helpers’ rescue missions would enable the lucrative smuggling business of human traffickers in Libya in the first place.

According to the argument, they could expect waiting helpers off the Libyan coast. The helpers would – knowingly or unknowingly – fuel the traffickers’ business model. This would encourage the latter to send people out to sea in unseaworthy boats.

“The nearest port should be approached”: The expert classifies

Which argument is more convincing, that of the Council of Europe or that of Italy? Sarah Progin, the solicited lawyer and expert in international migration law from the University of Freiburg, clearly believes that the Council of Europe is right. The obligation to rescue at sea stems from relevant international agreements and customary international law, she says.

The obligation to help is almost limitless. There is only one exception: if a rescue operation would endanger the rescue ship, crew and passengers. Of the ports assigned by Italy in far northern Italy, Sarah Progin says unequivocally: “The people who have been admitted must be taken to the nearest safe port.”

The defense of Italy has no chance with the law professor. Rights violations – some of which are blatant in the protection of refugees – are also committed by other countries. A prominent example is Hungary, which grossly ignores international legal standards, as Sarah Progin says. However, the fact that other countries are also breaking the law does not excuse Italy.

The ultra-right government of Giorgia Meloni can live well with a possible fine. Because her tough hand in migration policy guarantees her the support of the mainstream electorate. And therein lies perhaps the most important driver for Italy’s faraway port policy – ​​people who may or may not be exposed to wind, waves and weather.