From Human Rights Watch.
Italy has impounded a rescue ship and threatened criminal charges against two members of its crew and the coordinator of the organization after they refused to turn migrants over to Libyan forces, fearing that they would be abused.
On March 18, 2018, an Italian prosecutor in Catania, Sicily, impounded the Spanish rescue group Proactiva’s ship Open Arms and is considering levelling charges of criminal association for the purposes of facilitating irregular migration after Proactiva refused to transfer people rescued in international waters to a Libyan patrol boat. Everyone intercepted by Libyan forces or handed over to them is taken to Libya and placed in detention.
“Proactiva acted to save migrants’ lives and then prevented them from being abused in indefinite detention,” said Judith Sunderland, associate director for Europe and Central Asia director at Human Rights Watch. “It is perverse to try to characterize as criminal a refusal to hand victims to Libyan coast guard forces knowing they could face possible torture and rape in Libyan detention centers.”
International human rights and refugee law prohibits returning anyone to a place where they face a real risk of torture or ill-treatment – the nonrefoulement principle. Empowering Libyan forces to capture people on the high seas, when it is known that they will return them to cruel, inhuman, or degrading treatment in arbitrary detention exposes Italy and other European Union (EU) states involved to charges of aiding and abetting in serious human rights violations in detention, Human Rights Watch said.