Italy: Constitutional Court is asked to examine the law criminalising rescue at sea
On 20 May, Human Rights Watch and the European Center for Constitutional and Human Rights (ECCHR) said that the Italian Constitutional Court will assess for the first time the constitutionality of a law imposing sanctions on sea rescue groups during a public hearing on 21 May.
The two organisations decided to intervene because fundamental rights and principles are at risk as the Italian government's measures drastically restrict rescue activities in the central Mediterranean, one of the world's deadliest migration routes. The NGOs will therefore take part in the process as amici curiae.
In 2024, three issues have been submitted to the Constitutional Court regarding the law commonly known as the Piantedosi Decree by the Court of Brindisi. The provisions of the decree permits the Italian authorities to sanction and detain humanitarian relief vessels, thereby often violating the principles of proportionality, reasonableness and determinacy enshrined in the Italian Constitution, as well as binding obligations under international and European law.
The non-governmental organisation SOS MEDITERRANEE has already raised these issues in its appeal against the administrative detention ordered by the Italian authorities against the ship Ocean Viking.
Other critical issues raised by the imposition on rescue vessels to follow the orders of the Libyan coast guard concern the risk of violation of the principle of non-refoulement, a founding principle of international law that prohibits the refoulement of people to unsafe places.
Based on incontrovertible evidence of the abuses suffered by migrants in Libya such as arbitrary detention, torture, mistreatment, exploitation, extortion and sexual violence, together with the collusion of coast guard units and other security forces with trafficking groups, HRW demonstrates that it is impossible to consider the Libyan coast guard as a reliable actor in search, rescue and landing operations.
Since 2017, Italy and the European Union have been supporting the Libyan coast guard with funds and assistance despite continued evidence of abuse. In 2023, a UN mission found “reasonable grounds to believe” that migrants in Libya suffer crimes against humanity.
Statistics from the International Organisation for Migration show that some 32,000 people have died or disappeared in the Mediterranean Sea on their way to Europe since 2014. While more than 132,000 people have been returned to Libya since 2018 by the Libyan coast guard, a prerogative supported by Italy.