Italy's transport of rescued migrants to LIbya was in violation of international law

On 6 May 2009, the Italian coastguards intervened to rescue an estimated 227 migrants and asylum-seekers, who launched an SOS from their three vessels. The rescue operation followed a dispute between the Italian and the Maltese Government.

The Italian Coastguards did not bring the rescued people in an Italian port but directly in the Tripoli one.

While the Minister of Interior, Maroni, was praising the efficacy of the agreements with Libya and of this rescue operation, and EU Commissioner on Transports, Tajani, also picked it up as an example for the EU (Article in Italian), the UN High Commissioner on Refugees expressed its "deep" concern at this measure:

While no information is available on the nationalities of those aboard the vessels, it is likely that among them are people in need of international protection. In 2008, an estimated 75 percent of sea arrivals in Italy applied for asylum and 50 percent of them were granted some form of protection.

"I appeal to the Italian and Maltese authorities to continue to ensure that people rescued at sea and in need of international protection receive full access to territory and asylum procedures," UN High Commissioner for Refugees António Guterres said.

The incident marks a significant shift in policies by the Italian government and is a source of very serious concern. UNHCR deeply regrets the lack of transparency which surrounded the event.

(see, full UNHCR Press Release)

Human Rights Watch and Amnesty International protested at this action of the Italian Government and recalled that it constituted a violation of Italian international obligations under international refugee law and the respect of the principle of non-refoulement.