The Euro-Mediterranean Human Rights Network (EMHRN) is deeply concerned by the plight of seven Tunisian fishermen arrested in Italy on August 8, 2007, after they came to the rescue of 44 migrants and asylum seekers in distress. The Italian authorities have charged the fishermen for “abetting illegal immigration”, a charge for which they risk up to 15 years imprisonment.

Immediately after they came upon the migrants and asylum seekers, many of whom were in serious health conditions, the seaman informed both the Italian and Tunisian coastguard services of the situation. After the Italian coastguard vessel Vega reached the scene, the coastguards asked the fishermen to bring the rescued persons to the Italian shore, as they considered that a transfer in high seas would be too hazardous. While on their way to Lampedusa, the fishermen received contradictory instructions from the Italian authorities; they were asked, at one time, to sail back to Tunisia and disembark the migrants and asylum seekers there. The fishermen were arrested the moment they landed on Italian soil and theirs boats were impounded.

While the Italian authorities are entitled to ensure that the Tunisian fishermen are not involved in human trafficking, “it is feared that the circumstances surrounding the incident, as well as the unremitting determination of the public prosecutor in charging the fishermen, is an indication that the ultimate goal is to intimidate the seamen and make sure they will not repeat their action at sea and land more rescued persons on the shores of European countries”, declared Kamel Jendoubi, President of the EMHRN.

The fact that, at one time, the Italian authorities ordered the fishermen to sail back to Tunisia and disembark the migrants and asylum seekers there is also of particular concern since Tunisia does not have an effective system in place regarding asylum. Kamel Jendoubi pointed out that “the rights of migrants and asylum seekers are far from being adequately protected in that country” adding that the authorities gave instructions to the fishermen to sail back to Tunisia without verifying first if the rescued persons were asylum seekers. He concluded that “such conduct, if confirmed, would be in clear violation of Italy’s obligations as regard humanitarian law and human rights”.

The EMHRN calls for the freeing of the Tunisian fishermen and the lifting of the impoundment of their fishing boats.

The Network strongly condemns all means of intimidation against seamen who come to the rescue of migrants and asylum seekers in distress in Mediterranean waters. The EMHRN calls upon the Commission and the member states to take all possible steps to insure that seamen who come to the rescue of persons in distress will not face economic or legal sanctions for their action.

Finally, without ignoring the individual responsibilities of the countries of the Mediterranean region that belong to the EU, the EMHRN condemns the tendency of a number of governments to go back on their international obligations regarding the protection of asylum seekers. Consequently, the Network calls upon the European Commission to clarify the responsibility of all member states as regard the procedure concerning asylum claims and the handling of persons rescued at sea.

Summary of main facts:

According to information received by the FTCR¹, the CRLDHT², the CNLT³ and the LTDH⁴, organizations that are members of the EMHRN, a fishing fleet composed of the Fakhreddine, the Mortadha and the Mohammed el-Hedi came upon an inflatable raft in distress while operating in the vicinity of the Italian island of Lampedusa on August 8, 2007. Among the 44 passengers adrift, several were in a serious medical condition.

Both the Italian and the Tunisian authorities were alerted by the fishermen. A vessel of the Italian coastguard service, the Vega, soon reached the fishing fleet. Unable to safely transfer the 44 passengers aboard the ship, the coastguards asked the fishermen to sail to the Italian shore to disembark them.

While on their way to Lampedusa, the fishermen were apparently given contradictory instructions by the Italian authorities; they were asked, at one point, to turn back and sail to Tunisia to disembark the migrants and asylum seekers there. However, the fishermen maintained their course. Once they arrived at Lampedusa, emergency helicopters came to pick up the sick passengers and flew them to a hospital in Palermo. As for the seven Tunisian fishermen, they were arrested and two of their boats, the Mortadha and the Mohammed el-Hedi, were impounded.

The fishermen were then charged with “abetting illegal immigration”, a charge that could bring them a jail sentence of up to 15 years. During the trial, the public prosecutor pressed the charges unremittingly despite the evidence given by the migrants and the asylum seekers in favor of the fishermen.

This incident is far from being an isolated case. The Italian Council for Refugees (CIR), a member organization of the EMHRN and of its working group on migration and asylum, has published a report on search and rescue operations in the Mediterranean⁵. As it stands, it is unclear what exactly are the legal obligations regarding the handling of migrants and asylum seekers rescued at sea. Some governments take advantage of that legal haze to sent migrants and asylum seekers back to countries where they risk being mistreated.