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Tuesday, April 21, 2020

It's Called "Gaming the System"


Hat tip La Verita and Il Giornale (Italy). Translation by Fousesquawk.




Even before some migrants are plucked from their boats in the Mediterranean, they have their applications for asylum filed at the European Court of Human Rights in Strasbourg by friendly lawyers.


https://www.ilgiornale.it/news/cronache/i-migranti-partono-libia-tasca-numero-degli-avvocati-1856621.html


The migrants leave Libya with the numbers of Italian lawyers to contact in their pockets

Emblematic is an episode that occurred on Easter Day: A lawyer filed an appeal to the European Court of Human Rights while the applicants were still on board a damaged rubber dinghy.
-Mauro Indelicato- April 21, 2020

Already before touching land and when their boat was still at the mercy of the Mediterranean, two migrants succeeded in contacting a lawyer to launch an appeal at the European Court of Human Rights.

And when their rescue situation had still not been resolved, in the offices of the Court, the files regarding the case had already been filed. 

An episode that demonstrated how, already prior to the departure of the barges from Libya, some migrants have in their pockets the numbers of reference contacts. Making note of this situation is an  article in La Verita (The Truth), in which  was cited the case of two young men on board a small boat that was damaged during the Easter period in the central Mediterranean. 

In particular, the documents filed at Strasbourg contain the names of those who made the appeal: They are: Abdel Wehab Mohamed, 28, Sudanese, and Naseneva Diabi, 21, Ivoirian. It was those two who called the lawyer shortly after their departure from the port of Al Khoms, a town east of Tripoli.

Recorded telephone calls and, according to their lawyer, already filed for the examination of the judges of Strasbourg. The lawyer in question is, as also revealed in La Verita, Lucia Gennari. She is part of the legal office Antartide and  is the reference for Lazio dell' Asgi, Association for Judicial Studies on Immigration. 

It is she, therefore, that the two migrants turned to, explaining their situation and that of the boat on which they were on board. "The applicants," reads the document filed  at Strasbourg, "are at the moment on board a white and grey rubber dinghy which left Libya from Al Khoms during the night of 8-9 April, 2020".

According to the testimonies of the two migrants, on board were at least 47 passengers. On 10 April the first SOS was sent, received by the Alarm Phone network, which, by  Twitter, alerted the Maltese and Italian authorities  on the position of the naval unit. The next day, other information, among which more alarming (information) was transmitted  on the sickness of some migrants on board and the damage that forced the dinghy to remain at the mercy of the waves.

All of the various passages were described by the migrants who contacted attorney Gennari, and their testimonies were, therefore, included in the documents filed together with the appeal. Reference was made, among other things, to the message from the Maltese authorities on Saturday (before Easter) at 22:24: "All ships should check and assist if necessary, "it reads, "Malta is not in position to provide safe harbor."

According to those who submitted the appeal, this answer on the part of Valletta (Malta) could have potentially discouraged rescue actions. From here, also considering the fact that at that moment, the dinghy was in Maltese waters, the request of a proceeding against Malta. An initial document was sent to Strasbourg precisely at that juncture, in which was requested the arrival in the area of a vessel which offers, a "safe port immediately" to the migrants.

A second document, on the other hand, was sent on Easter Monday: In that, besides an update on the situation, is also contained a list of alleged violations of human rights on the part of the Maltese authorities as well as that of Italian (authorities).

The finger is pointed against the Maltese authorities on account of the presence of the dinghy within its territorial waters and, precisely for this reason, the appeal was not presented also against Italy.  The episode has, therefore. demonstrated  how, already prior to the departure from the Libyan coast, the migrants are already acquainted with professionals and referred lawyers. A circumstance often suspected in the past, but never having surfaced.

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