The motor vessel Mare Jonio of the NGO Mediterranea Saving Humans remains in administrative detention. This was decided by the Ragusa court which rejected the request for suspension of the provision, deeming that “the profiles of periculum in mora” advanced by the appellants, the shipping company Idra social shipping and the captain of the vessel, of the fixing of the hearing on the merits for next July 9th.
Administrative detention
The administrative arrest for the ship was issued on 5 April by the Ragusa police headquarters, port master’s office and financial police after the arrival of the Mare Jonio in Pozzallo with 56 migrants on board whom it had saved in a rescue operation in the Mediterranean and reporting that she had been targeted with machine guns by the Libyan military in the middle of the sea while she was rescuing a migrant boat in difficulty. The Ministries of the Interior, Transport and Economy had joined the State Attorney’s Office against the appeal.
The court’s decision
The court, also evaluating “the main activity of the applicants consisting in monitoring respect for human rights at sea and in the protection of the right to life through the preparation of rescue activities”, highlighted that “the Mare Jonio is a flag motor vessel Italian registered in the registers kept by the Port Authority of Catania, which is not authorized for the rescue service, but intended for the: towing service; removal of mineral oils from the sea surface, conservation, transport and landfill of the same; special service for the transport of solid cargo uniformly distributed on deck (max load 1 t/m2) which does not slide, due to the structural and construction characteristics”. The court found “the concept of repetition of the violation” contestable and did not consider the existence of any damage deriving from the delay in the decision. The hearing on July 9th will be held with the filing of written notes by the parties involved.
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