But he wouldn’t have done it, with “Intentional and conscious despication of the rulesand violate “Voluntarily the personal freedom of 147 people“. Always according to the accusation, Salvini had only acted against everyoneDetermining institutional chaos, and without the presence of any real risk for the safety of the country, but only because “He feared the failure of the policy of closed ports“. No “legal justification, factual and human valuedAnd “, Sabella repeated.
For the Italian state, no obligation
On December 20, the judgment welcomed that the statement of the accusation did not welcome, Excome Salvini. Today we know why. Even before the behavior of the former prime minister, the jury members or the task of giving open arms evaluated was a safe haven to the Italian state, or not. The accusation supported yes because Italy Would have been sins for the NGO ship ‘First contact status“That is, the person who becomes aware of a dangerous situation at sea and has the duty to coordinate the rescue. “With regard to none of the three events will be created for the Italian state“The court of ministers of Palermo concluded.
First, because none of the rescue operations had occurred in the research and rescue areas of Italy, and then why The Italian authority was not even the first one who was contacted. This role – reads the reasons for the sentence – “It must certainly be attributed to the Spanish state because they are immediately aware of the events and advised to intervene and offer support“. A”First contact status“That the Palermo court defines”appropriate“Also for the concession to open the poor of a POS: the events that Sar had not taken place away from the coasts and therefore”He could have provided a landing, also on his territory, in certainly reasonable times requested by the international guidelines for saving at sea“.
Italy was involved in the NGO, with the request for a POS, only in the second instance. Request not motivated by any obligation, but only by the fact that “Lampedusa was the safest port near the rescue place “Write the jury members. The situation of Difficulty in which the ship was found between 13 and 14 August 2019 Due to a deterioration of the weather. It was not a situation “fear“, But only one”Bad weather situation that had not caused a concrete life, danger of passengers“, The court concludes.
The lack of European laws above For saving migrants
But even more important is the legal context in which this decision has grown up. A regulatory framework that – the jury members underline on different occasions – is “unreliable“E”insecure“.”The Rules for rescue at sea They were born for regular exceptional episodes, such as accidents, and Not for the management of migration flows“comments on Waded The scholar of international migrations Gianfranco Schiavone.
According to the last Unicef estimates, in the last ten years Almost 20,800 people have lost their lives in the Mediterranean Seaof which 10mila minors. But today he remembers the statement: “There is no suitable legislative framework for regulating relationships between the various topics involved in the rescue operations in the Mediterranean Sea, at least in the context of the NGO operations, nor a defined and shared, design of migrations“Also in the interpretation of the judges of Palermo The principle of solidarity established by international conventions, That involves the states to ensure that the salvation and landing will survive as quickly as possible to a shipwreck, It does not translate into an obligation.
While the protection of the well -being of the lives of those exposed to danger at sea and the rights of migrants “assume the identification of a specific regulatory framework and a clear project of actions of the States, Possibly shared with the community, if not internationally (as well as attention and sensitivity of governments and world institutions for the complexity of the migrating phenomenon)“, Concludes the court of the Sicilian capital.
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