Italy’s Highest Court Rules Returning Sea Migrants to Libya is Illegal

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Italy’s top appeals court has ruled that sending sea migrants back to Libya is unlawful. The ruling, made on February 1 but publicized recently, upheld earlier decisions by two lower courts. Italy’s Highest Court of Cassation also affirmed the conviction of the captain of the Italian towboat, Asso 28, who had rescued 101 migrants from a rubber dinghy in 2018 and returned them to Libya. The court stated that pushing people back to Libya and collaborating with the Libyan Coast Guard conflicts with the duty to bring rescued people to a safe place. The ruling has been welcomed by charities and human rights groups, emphasizing the need to uphold the duty to provide a safe haven for rescued individuals.

The Libya to Italy migration route is among the most utilized sea routes globally, and in recent years, Italy and other European governments have adopted stricter immigration policies. This shift is attributed to the rising support for right-wing parties advocating for significant restrictions on sea arrivals from North Africa.

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