Migration might take center-stage at the Academy Awards in March next year, as director Matteo Garrone's movie "Io Capitano" has just been announced as being in the running for an Oscar. However, the people on whose life the movie is based have to continue to seek justice for false accusations.
The film highlights the realities of irregular journeys to Europe, based on the experience of many migrants. It shows their suffering, their plight along the journey crossing the Sahara desert, not shying away from showing death and abuse.
However, the main point of the movie is its portrayal of the sea journey across the Mediterranean, when the two protagonists are forced by their smugglers to be captains of the dinghy on which they travel to Europe.
Reluctant 'captains' sent to prison
The real-life story of Alaji Diouf from Senegal and Bakary Cham from Gambia could serve as the blueprint for "Io Capitano" -- though they say their plight actually started where the narrative of the movie ends.
The two have for years been fighting accusations of being actively involved with people smugglers, who transport migrants across the Mediterranean Sea.
"I was taken to jail right after my arrival in Italy," said Diouf at a showing of the film in Rome on December 21.
"They accused me of being a smuggler who skippered the dinghy, but in reality I didn't do anything. I couldn't talk with anyone, I didn't even get a lawyer," he explained about his experience upon arrival in Italy on October 18, 2015 on a dinghy coming from Libya.
Diouf then went on to spend almost seven years incarcerated.
"I am finally a free man today, but I want the trial to be reopened -- just to make others understand the truth, and that the charges against me were false.
"I am doing this because there are many men in prison are like me … with nobody defending them. I want to help those who are in my situation," he added.
Seeking to be exonerated
After spending nearly seven years in jail, Diouf and Cham are free men now who want to prove their innocence to a world that punishes people like them, accusing them of being smugglers.
They say they simply became victims of a mechanism in which the true human traffickers remain back at home, making money at the expense of migrants' lives, while innocent migrants are forced to man unseaworthy vessels across dangerous waters.
Cham, who travelled with Diouf and experienced the same kind of treatment for seven years in Italy, said he will "support Alaji in his quest for justice."
"I live in Palermo now, where I help people who are jailed with the ARCI" association, he added, highlighting some of the work he’s been involved with.
Convenient 'scapegoats'
The review of their trial is being followed by attorney Francesco Romeo, who highlights the difficulties regarding the case of the pair as follows:
"The trip is dangerous, but landing is even more so because the destiny of some is decided at that moment," Romeo explained.
During "the phases right after landing, police forces act without any oversight, questioning those who land under duress, and probing things that are impossible to prove", he continued.
In this context, "the figure of the smuggler" represents "the human sacrifice that state institutions require for each landing that is recorded," he further claimed. He explained that since irregular landings "violate the integrity of the border," police authorities and the judiciary seek a "scapegoat that is blamed for everything that happened."
The lawyer adds that some 3,000 people have been convicted of "favoring illegal immigration" upon their arrival in Italy since 2013.
Shoddy legal assistance
Speaking about the specific case of Diouf and Cham, Romeo explained the aggravating circumstances that "eight people died of asphyxiation on their rubber dinghy."
This meant that in addition to the charges of favoring illegal immigration, there were additional charges raised of "causing death" and "causing death for financial gain."
Since the maximum sentence for those charges carries a term of over 20 years, the person representing Diouf and Cham chose to opt for a fast-track trial, which meant accepting the evidence brought by the police.
However, this included the fact that out of the 633 migrant who had landed in Italy and were rescued that day, the two African migrants were accused by only one person as being smugglers.
Romeo hopes that by highlighting such technicalities, he can eventually have the convictions overturned - but that will "take time."
An Oscar for migrant suffering?
In addition to Diouf and Cham, Roemo was also in attendance at the event in Rome where the film was presented on December 21, hosted by a number of migrant support associations, including Baobab Experience, Captain Support, Arci Porco Rosso and Piccolo America.
After winning a Silver Lion award at the Venice Film Festival earlier in 2023, it was announced during the evening that it was among the movies in the running for an Academy Award for best international feature film.
This might, however, be little consolation for Diouf and Cham, who have lost years of their lives because of their ordeal.
"Crossing the desert was easier than what I experienced in jail," Diouf commented at the event.