Prosecutors in Italy have seized a ship used for migrant search and rescue operations and operated by the Spanish NGO Proactiva Open Arms. Investigations are being conducted into crew members' alleged criminal association for illegal immigration purposes.
Prosecutors in Catania have seized a ship operated by the Spanish NGO Proactiva Open Arms engaged in migrant search and rescue operations in the central Mediterranean. The vessel is currently berthed at Pozzallo after it disembarked 218 migrants on Saturday, having refused to hand them over to the Libyan authorities following two days of diplomatic negotiations. Three people have been placed under investigation: the captain, the on-board coordinator and the Spanish head of the NGO, for alleged criminal association for illegal immigration purposes.
The events
Investigations are focusing on the events leading up to the ship's arrival in Pozzallo on Saturday. Proactiva Open Arms claims its actions were dictated exclusively by need, as part of an operation to save lives at sea. However, prosecutors say there was a specific plan to bring the migrants to Italy in violation of the law and international agreements, as demonstrated by the last rescue operation involving four countries (Italy, Malta, Spain and Libya).
Four days ago, the NGO intervened on behalf of 218 migrants in an operation contested by the Libyan coastguard on that grounds that it was conducted in its area of competence. The coastguard asked to take charge of the migrants, but the NGO refused. The Italian coastguard says coordination "fell to the Libyan coastguard" and that the NGO was aware of this, but continued to resist.
"Despite the proximity of Malta," the ship then headed towards Italy pending indications from the Spanish authorities," the coastguard said. However, prosecutors claim it deliberately sent no request to the Spanish authorities and continued north, in violation of the rules, so it could berth in Italy.
On entering Italian territorial waters, the ship received permission to berth at Pozzallo, where it arrived on Saturday. It will remain under seizure pending the decision of the preliminary investigations judge.
The reactions
Proactiva Open Arms director, Oscar Camps, said on Twitter that "We are accused of criminal association and of encouraging illegal immigration for disobeying the Libyans by not handing over women and children to them."
In a separate tweet, Camps wrote, "after the incident with the Libyans, instead of giving a destination port to Italy as usual, the Italian government has left its arms open without a safe harbor to land the migrants for 24 hours".
Spanish Foreign Minister Alfonso Dastis explained that "we need to clarify what are the charges against the NGO and what justifications the organization has." The EU Commission spokesperson, Natasha Bertaud, explained that regarding migrant rescues at sea "there is an Italian code of conduct that aims to avoid these situations. We ask all actors to respect it in the future ". (Proactiva's Open Arms ship has been seized and is currently docked in the port of Pozzallo. Credit: ANSA)