giovedì 23 febbraio 2012


REFOULEMENTS IN LIBYA: ITALY ORDERED BY THE EUROPEAN COURT OF HUMAN RIGHTS A ruling late, but Positive "better late than never" today 23 February 2012, Strasbourg. This morning, the European Court of Human Rights has ruled that, sending migrants back to Libya, Italy had violated the European Convention on Human Rights and in particular the principle of non-refoulement (non-refoulement), which prohibits to reject migrants to countries where they may be persecuted or subjected to inhuman or degrading treatment. The case against Italy and other Hirsi to the first transaction of entry made May 6, 2009, 35 miles south of Lampedusa, in international waters. The Italian authorities intercepted a boat carrying some 200 Somalis and Eritreans, including children and pregnant women. These migrants were picked up by an Italian vessel, rejected and returned to Tripoli, against their will, to the Libyan authorities. Without being identified, heard or notified prior to their real destination. The migrants were, in fact, convinced that they are directed towards the Italian coast. 11 Somali nationals and 13 Eritreans, tracked and assisted in Libya by the Italian Council for Refugees after their refusal, brought an action against Italy before the European Court, through lawyers Anton Giulio Lana and Andrew Saccucci, Union Bar for the protection of human rights. The Court has fully condemned Italy for violation of the 3 fundamental principles: the prohibition to subject to torture and inhuman and degrading treatment (Article 3 ECHR), the impossibility of Appeal (art. 13 ECHR) and the prohibition of expulsion collective (Article 4 ECHR Additional Protocol IV). The Court then for the first time equated the collective rejection at the frontier and offshore collective expulsion against those already in the territory. The Court noted that the rights of African migrants in transit to Europe in Libya are systematically violated. Furthermore, Libya has offered to asylum seekers adequate protection against the risk of being repatriated to their countries of origin where they may be persecuted or killed. Because of this policy, according to UNHCR estimates some 1,000 migrants, including women and children, were intercepted by the Italian Coast Guard and forcibly returned to Libya without having first had occurred their protection needs. The Agency Habeshia, which has contributed to this proccesso, maintaining direct contact with the applicants Eritreans, welcomes this ruling as a great act of civilization to Europe, and with great sadness that hundreds of refugees have been rejected, including some of the applicants are no longer in life, died in Meditarranio, in an attempt to escape from the war in Libya. "In the present case - the lawyer says. Anton Giulio Lana - it was not a mere risk of inhuman and degrading treatment in Libya and that the complainants have actually suffered such treatment in detention camps, as dramatically demonstrated by the survivors. " "What is worse - the lawyer adds. Andrea Saccucci - is that the Italian government has publicly stated that migrants rejected were not among the persons entitled to asylum and were in no danger in Libya, then statement blatantly contradicted by the facts. " Emblematic in this respect the history of E., one of the applicants nationality Eritrea, which, after the outbreak of war in Libya, he boarded at a time the Italian coast along with 600 other Italians and an acceptance of Crotone in DEAR , has been recognized as a refugee by the competent territorial commission. In defense, the Italian government had argued that Libya should be considered a "safe place" and that, moreover, the applicants would in no way indicated to the officers on board their willingness to seek asylum or other form of international protection. The Court rejected the entire hearing of the Italian Government took the view that migrants intercepted in international waters has not been given any real opportunity to secure an individual evaluation of their situations in order to have the protection granted to refugees under international law and EU, in violation of Article. 13 of the ECHR. "This sentence proves that in transactions of rejection have been systematically violated the rights of refugees, Italy has in fact denied the opportunity to seek protection and has thus returned to Libya more than a thousand people who had the right to be accepted in Italy. We want this message to arrive unambiguously to the Government Monti ricontrattare in cooperation agreements with the Libyan Transitional Government, the rights of refugees can not be negotiated, on this issue, we expect the new executive positions clearer and stronger than those we have detected in recent weeks, "said Christopher Hein, Director of the Italian Council for Refugees. "This judgment confirms that the obligations which they have contracted with the ECHR does not stop with their geographical boundaries. Member States can not abdicate their principles, values ​​and their commitment to the protection of human rights outside their borders doing what would not be allowed in their territories, "said Allan Leas, Acting Secretary General of ECRE. This has important consequences in particular for the EU member states, institutions, and agencies with respect to border control policies, where these interfere with the migratory routes outside the EU territory, control in fact implies responsibility. The EU member states, both those within and those that are outside the umbrella of Frontex, should review their policies of control and operations return to ensure full respect for the principle of non-refoulement for every person caught outside their territory excluding, in line with the European Court's judgment, the possibility of collective expulsion as prohibited by Article 4 of Protocol IV of the Convention. Background notes The living conditions of migrants in Libya rejected May 6, 2009 have been dramatic. Most of them have been locked up for several months in detention centers where Libyans have suffered violence and abuse of all kinds. Most applicants were registered by the High Commissioner for Refugees United Nations and Libya have obtained recognition of refugee status under UNHCR mandate. After the outbreak of war in Libya, the applicants who were still in Tripoli, and had since been released from detention, both were victims of reprisals by militias loyal to the regime by both the insurgents and were forced into hiding for several weeks without food or water. After the NATO bombing began, some applicants have fled to Tunisia, others have attempted to sail back to Europe again An applicant is able to leave again, Libya to Malta, three in Switzerland, ONE in the U.S., another in Benin, where he sought asylum at the UNHCR, but still live in good conditions. Two applicants are, however, died while trying to reach An applicant is able to leave again, Libya to Malta, three in Switzerland, ONE in the U.S., another in Benin, where he sought asylum at the UNHCR, but still live in good conditions. Two applicants are, however, died in an attempt to again reach Italy aboard a makeshift boat. An applicant is able to flee to Israel, while another has returned to Ethiopia. Based on evidence, there is concern that other applicants have lost their lives attempting to reach Italy by sea. In this regard, it should be noted that according to UNHCR estimates there are about 1,500 migrants who have lost their lives attempting to reach Italy by sea in 2011. The Court held that, as a result of violations found, the plaintiffs have suffered non-pecuniary damage which has been quantified in an equitable € 15,000 Lawyers for the appellants, however, given up to pay the costs of litigation, only asking for reimbursement of costs incurred to attend the hearing which was held in Strasbourg on 22 June 2011. From this Judgment is also evident throughout the Europe ipocrizia policy regarding asylum seekers, European Union was supposed to prevent, condemn these actions Rejections Having endangered human Viten Trope, this condemnation on the Judicial Ethics concerns the whole ' What Europe has preferred to stand by and watch these human tragedies of hundreds of refugees and asylum seekers. And a Victory judicial That goes for all those asylum seekers who have had the courage to denounce and to witness these violations of their rights. Thanks go to all that a people who have worked to get Justice for these people, especially the lawyer. Wool and the lawyer. Saccucci, UNHCR, CIR. Fr. Mussie Zerai +41(0)765328448 +39.338.4424202

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