ICJ and others intervene in Mediterranean Sea search and rescue case before European Court – video interview

ICJ and others intervene in Mediterranean Sea search and rescue case before European Court – video interview

Today, the ICJ, the AIRE Centre, ECRE and DCR have submitted a third party intervention before the European Court of Human Rights in the case of a 2017 rescue operation of migrants, including refugees, in the Mediterranean Sea that involved the SeaWatch rescue vessel.

The case, S.S. and Others v. Italy, concerns the facts occurred during a rescue operation coordinated by the Maritime Research and Rescue Centre of Italy in Rome in the middle of the Mediterranean Sea.

It is currently litigated before the European Court of Human Rights where the victims of human rights violations at the hand of the Libya Coast Guard during the operation are suing Italy for breach of their rights under the European Convention on Human Rights.

During the operation, the involved the rescue boat SeaWatch, a French navy vessel  and a Libyan Coast-Guard boat. It is reported certain migrants were taken and ill-treated by the Libyan Coast Guard and sent back to Libya.

It is also alleged that actions undertaken by the Lybian Coast Guard boat during the rescue operation caused the death of several persons to be rescued, including children.

The ones rescued by the SeaWatch vessel could join safety on Italian shores.

The interveners have submitted that, in accordance to the Court’s jurisprudence under the European Convention on Human Rights, other sources of international human rights law and international maritime law standards, Italy had jurisdiction for the purpose of the Convention and had, therefore, to ensure that persons involved in the rescue operation would not be exposed to serious violations of their human rights.

ECtHR-SS_v_Italy_final-JointTPI-ICJECREAIREDCR-English-2019 (download the joint third party intervention)

Video

Watch our interview with ICJ Senior Legal Adviser Massimo Frigo as he further defines S.S. and Others v. Italy and what ICJ intends to do.

Spain: ICJ and others intervene in case of push backs of asylum seekers

Spain: ICJ and others intervene in case of push backs of asylum seekers

The ICJ and other NGOs jointly intervened before the Grand Chamber of the European Court of Human Rights in a case against Spain on the denial of entry of asylum seekers in the enclave of Melilla.

The ICJ, the European Council on Refugees and Exiles, the AIRE Centre, Amnesty International and the Dutch Refugee Council argued that the European Convention on Human Rights prohibits refusal of entry, and/or return of a person to face serious violations of human rights, including of the right to life, the prohibition of torture or inhuman or degrading treatment or punishment, or flagrant denial of justice and of the right to liberty.

They submitted that these refusals of entry are also contrary to the rights set out in the EU Charter of Fundamental Rights (CFR) and the prohibition on non-refoulement found in the 1951 Geneva Convention on the Status of Refugees (Refugee Convention).

The joint interventions presents the argument that, for these prohibitions to be practical and effective and not theoretical and illusory, Contracting Parties must have in place effective systems for identifying people within their jurisdiction who are entitled to benefit from the prohibition on refusing entry.

Spain-ICJ&others-AmicusBrief-ND&NT-ECtHR-GC-legalsubmission-2018 (download the thirty party intervention)

Translate »