CROTONE The administrative detention order to which the ship was subjected last March has been definitively cancelled Humanity 1 from the German NGO SOS Humanity. This was established by the sentence of the judge of the Civil Court of Crotone Antonio Albenzio, who dissolved the reservation on the memory presented by the NGO after having suspended the provision issued by the Italian authorities. Humanity 1 had been subjected to administrative detention in Crotone where it had arrived after rescuing 77 migrants adrift on several small boats in the Sicilian Channel. Humanity 1 was accused of having hindered the rescue efforts by the Libyan military who, in turn, had fired shots at rescuers, based on emails sent to the Italian authorities by the Libyan coast guard. and migrants. In the sentence the judge states that despite the memorandum for the management of migratory flows signed between Italy and Libya in 2017«at present it is not possible to consider Libya a safe place under the Hamburg Convention, as the Libyan context is characterized by serious and systematic violations of human rights and the 1951 Geneva Convention on Refugees by Libya.” The judge also cites the findings of the UN High Commissioner which “on several occasions highlighted the failure to respect the fundamental rights of the person during the recovery operations carried out by the Libyan coast guard”. For the judge, all these elements «are sufficient to exclude the existence of any qualification of the operations carried out by the Libyan coast guard, with armed personnel and without identification of a safe place compliant with international parameters, as rescue operations, in the sense recognized by multiple international sources”. «The logical corollary – writes Albenzio – is that no obstructive conduct can be found towards the NGO involved» which on the contrary «was the only vessel to intervene to fulfill, in the sense recognized by international sources, the duty of rescue at sea of migrants”. The judge, canceling the arrest, accepted the appeal of SOS Humanity ed condemned the Ministry of Infrastructure, the Ministry of the Interior and the Crotone Police Headquarters, the Ministry of Finance, the Guardia di Finanza operational section naval of Crotone, represented by the State Attorney’s Office Catanzaro to repay to Ong the sum of 14 thousand euros for litigation costs.
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