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NGO ship defied order of Italian authorities and docked in Porto Empedocle to disembark 92 rescued migrants
The 'Mediterranea' defied the orders of Italian authorities by docking on Nov 4 at Porto Empedocle to disembark 92 migrants rescued during three different operations between Nov 2 and 3. The first two took place between the morning and early afternoon of Nov 2, when the vessel rescued a total of 65 people in the Libyan SAR zone. 37 people were rescued from a fiberglass boat and 28 others from a dinghy that was sinking after three days at sea, during which the migrants had no food or drinks. In addition to several minors, there were many women among the castaways, hailubg from Sudan, South Sudan, Somalia, Eritrea, Syria, Iran, Iraq, Egypt, Bangladesh and Pakistan. Many of those rescued were abused and tortured in detention camps in Libya. On Nov 3, the crew detected a boat in distress 13 nautical miles southeast of the island of Lampedusa and rescued the 27 people on board. The small fiberglass vessel was overcrowded and had no life vests. The vessel had previously been instructed to make the longer journey to the Tuscan port of Livorno, which is 630 nautical miles away from the rescue area. The captain said it was necessary to disembark the rescued to protect their safety, health and security. A doctor with the health ministry's maritime, air and border unit USMAF checked the migrants' health condition on board. The NGO's team explained that tension had grown on the vessel as the survivors were in fact already physically and psychologically worn out and feared that, with further delays in disembarkation, they risked deportation to Libya and threatened desperate self-injuries. The NGO Mediterranea Saving Humans requested on the afternoon of Nov 3 to dock and disembark all migrants in Porto Empedocle, as bad weather has hit the Strait of Sicily, with mistral winds blowing at over 20 knots and two-meter waves. The NGO had alerted the State Attorney's Office at the Juvenile Court of Palermo that 31 unaccompanied minors were on the boat. The rescued also included a pregnant woman. The captain then decided to dock at the Sicilian port after the authorities in Rome failed to respond to the ship's requests. The prosecutors have asked the Interior and Transport Ministries to order the disembarkation of minors as soon as possible in Porto Empedocle, and that all 92 rescued people be allowed to safely disembark. The captain and mission chief reported the situation to the port authorities of Porto Empedocle, who permitted the vessel to enter the port.
Detention order sspended by court
On Oct 8, the Court of Trapani has suspended the detention of the 'Mediterranea', declaring the Ministry of the Interior's order illegitimate and recognizing that the choices were made in the name of solidarity, to protect human lives. The court granted the request filed by the ship's captain and owner against the administrative penalty of 60 days of detention and a fine of €10,000 imposed by the Ministry of the Interior. The sanctions had been imposed after the ship refused to enter the assigned port of Genoca on Aug 23 and instead headed for the port of Trapani to disembark ten people rescued off the coast of the island of Pantelleria. While the court has not yet made a final decision on the matter, it has already determined that the sanction was unlawful. Furthermore, according to the court, the Ministry of the Interior ignored all of the crew's requests for an alternative safe port, even though these requests were always well-founded and based on specific circumstances. The NGO emphasized that the ship had docked at the nearby port of Trapani out of consideration for the physical and psychological condition of the rescued people. The court ruling explicitly acknowledged that the crew's conduct was not motivated by disregard for the authorities, but rather by a "solely spirit of solidarity" – with the goal of "protecting life and health at sea," as required by international maritime law. Finally, the court clarified that the ship must be released as soon as possible. The seizure was based on a decree issued by Interior Minister Matteo Piantedosi. Rescue NGOs frequently complain that their operations were being hampered by orders from the Italian government to sail to distant ports.
NGO ship fined and detained for two months for heading to nearer port after rescue operation
The Italian government has levied a heavy fine and a two-month detention on the 'Mediterranea', following its decision to disobey orders and disembark migrants in Sicily instead of an assigned port over 1,000 kilometers away. The ship had rescued ten people, including three unaccompanied minors, from the Mediterranean. The Italian authorities had directed the vessel to the distant port of Genoa for the disembarkation procedure. Defending its actions, the NGO stated that the survivors were exhausted and traumatized, and that forcing them to endure a several-day journey through dangerous waves up to three meters high would have been inhumane. The NGO Mediterranea Saving Humans described the decision to dock in Trapani on Aug 23 as necessary to provide urgent medical and psychological care. In response, the Trapani Prefect issued sanctions including a 10,000-euro fine and a 60-day detention of the ship.
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