BARI – The judge of the Brindisi court, Roberta Marra, confirmed the suspension of the effectiveness of the administrative arrest and custody order of the Ocean Viking, ordered on 9 February upon the arrival of the SOS Mediterranee ship in the port of Brindisi.
The NGO’s lawyers, Dario Belluccio and Francesca Cancellaro, had presented an ‘inaudita alte parte’ appeal as a precautionary measure against the administrative detention which was based on the violation of the ‘Piantedosi decree’. Appeal accepted and confirmed also with the order of the last hours after the two hearings which took place on March 14th and April 5th.
During the two hearings, possible aspects of unconstitutionality of the Piantedosi decree which regulates the management of rescues at sea were also discussed. At least four ones illustrated by the NGO’s lawyers.
In the order confirming the suspension of the effectiveness of the detention, the judge notes that «the exclusion of the rental party from the list of formal recipients of the administrative sanction, with the consequent impossibility for the latter to lodge an objection against any sanctioning measures deemed illegitimate , deserves further investigation in order to verify the existence of a profile of constitutional illegitimacy”.
At the end of the hearing on 5 April, however, Judge Marra had given 60 days for the presentation of further briefs on the dubious constitutionality of the law; it will subsequently decide whether to accept the exceptions of legitimacy, and therefore the possible referral of these profiles (or others that may emerge) to the Constitutional Court, or reject the requests advanced.
Tags: Brindisi Court confirms suspension detention Ocean Viking
