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"This is unacceptable for a country under the rule of law," said a representative for Doctors Without Borders.
International aid group Doctors Without Borders said Wednesday that it plans to appeal the latest detention orders placed by Italian authorities on its search and rescue vessel, Geo Barents, arguing the directives were aimed at preventing it from saving the lives of refugees in the Mediterranean Sea.
"This is unacceptable for a country under the rule of law," said Juan Matias Gil, a representative for the organization, which is also known by the French name Médecins Sans Frontières (MSF).
The latest orders against the group and its ship were issued on Monday, days after MSF helped 206 refugees disembark in Genoa, Italy on September 19.
After that rescue, the group received a distress alert from a plane that monitors the passage of asylum-seekers across the Mediterranean, where thousands of people have drowned in the past decade while attempting to reach Europe after fleeing violent conflicts, political unrest, and poverty.
The Italian Maritime Rescue Coordination Center gave the Geo Barents crew approval to proceed to the overcrowded wooden boat detected by the plane, which was holding around 110 people from Syria, Eritrea, Ethiopia, Somalia, and Egypt.
But as MSF was about to complete the rescue, with just 20 people left in the boat, a Libyan Coast Guard patrol boat that had been donated by Italy arrived at the scene.
"They arrived, threatened to shoot, and carried out unsafe and intimidating maneuvers around the people in distress and the MSF rescue team," said Fulvia Conte, search and rescue team leader for MSF.
The group said the order, which requires the Geo Barents to be detained at a port for 60 days, is based on "twisted logic" and MSF's "alleged failure to comply with instructions from unreliable and often dangerous Libyan coast guards," said Judith Sunderland, associate director of the Europe and Central Asia Division of Human Rights Watch, who was aboard the Geo Barents as it completed the rescue.
"It is a disgrace that the Italian authorities still consider the Libyan Coast Guard to be a reliable actor and source of information."
"People fleeing Libya often tell us about violent interceptions at sea carried out by the E.U.-backed Libyan Coast Guard," said Gil. "It has been documented by the United Nations and independent investigative journalists that the Libyan Coast Guard is complicit in serious human rights violations amounting to crimes against humanity, and collusion with smugglers and traffickers. It is a disgrace that the Italian authorities still consider the Libyan Coast Guard to be a reliable actor and source of information."
Sunderland noted that earlier this month, a judge lifted a previous 60-day detention order against the ship, with Italian authorities claiming MSF had caused "a dangerous situation by rescuing dozens of people from the water at night."
"The judge concluded the rescue had been 'urgent and unavoidable' and the detention jeopardized the organization's humanitarian objectives," wrote Sunderland.
Even though MSF had approval to complete the rescue on September 19, the first detention order was issued under the Piantedosi Decree, a law introduced in 2023 which requires non-governmental rescue ships to sail to the assigned port after a rescue, without picking up people from other boats in distress.
The second order was issued Monday following an in-depth inspection of Geo Barents by the Port State Control, which said it found eight technical deficiencies on the vessel.
Conte said such inspections "are another layer of administrative and technical instrumentalization of laws and regulations that the authorities have been using for the past seven years to obstruct the work of humanitarian search and rescue vessels in the Mediterranean."
"This one seems to have the intention to ensure we don't operate anytime soon," she said. "We are moving to quickly address these deficiencies and to go back to prevent deaths at sea."
Kenneth Roth, former executive director of HRW, said the latest orders suggest the Italian government is doing everything in its power "to stop NGO rescue ships from operating in the Mediterranean because rescuing migrants gets in the way of Italy's (and the E.U.'s) preferred approach of using the risk of drowning as a deterrent to migration."
MSF has helped rescue more than 91,000 people in search and rescue operations in the Mediterranean, including 12,540 people who have been saved by the Geo Barents crew since 2021.
U.N. special rapporteur on human rights defenders Mary Lawlor said in 2023 that the punishment and criminalization of people working to save refugees from drowning was "a darkening stain on Italy and the E.U.'s commitment to human rights," after the Italian authorities brought criminal charges for "aiding and abetting unauthorized immigration" against nearly two dozen rescue crew members and rights advocates.
"How many more deaths in the Central Mediterranean will the European states wait for before they halt their hostile and inhumane approach?" asked a search-and-rescue representative.
Doctors Without Borders on Wednesday called out European countries for "dangerous" policies and practices that have already made 2023 the deadliest year for migration in the Central Mediterranean since 2017.
The group, known globally as Médecins Sans Frontières (MSF), put out "No One Came to Our Rescue": The human costs of European migration policies in the Central Mediterranean, a report featuring medical and operational data as well as testimonies of people saved at sea.
"MSF has been running search-and-rescue (SAR) activities since 2015 as a direct response to European Union (E.U.) policies of disengagement and nonassistance along this stretch of the sea," the report states. The organization launched operations with the ship Geo Barents in May 2021 and has since saved at least 9,411 lives as of September.
"For more than two years, MSF teams on board Geo Barents have treated the physical and mental health impacts of European migration policies," said SAR representative Juan Matias Gil. "Patients' wounds and stories reflect the scale of violence to which they were subjected in their country of origin and along their journey, including in Libya and Tunisia."
"We documented numerous cases in which Italy and Malta failed to lawfully coordinate rescues and ensure assistance to those at risk of drowning, leading to delayed rescues or no rescue at all."
Of 3,660 medical consultations conducted on the ship this year, most patients had "conditions directly related to long journeys at sea," but MSF also saw 273 people affected by serious violence, with "scars from gunshot wounds, broken and severed limbs, and scars and bruises caused by recurrent violent beatings with metal bars, electric cables, baseball bats, machetes, and knives," according to the report.
"In addition to physical injuries," the publication continues, "these conditions include mental health conditions and the direct consequences of sexual and gender-based violence such as sexually transmitted infections (STIs), unwanted pregnancies, and female genital mutilation (FGM), among others."
The report says that "our teams have seen firsthand the manifold ways in which E.U. states have gradually withdrawn from their SAR obligations and have simultaneously enabled third countries to forcibly return people to unsafe places such as Libya, where many are either trapped in inhumane conditions or have no choice but to take to the sea due to a lack of safe and legal options."
A 19-year-old from Cameroon, rescued by MSF in June 2022, told the group that the previous November, the Libyan Coast Guard "caught me at sea and sold me to the jail of Roshofana." There, guards beat prisoners, "and they were filming and taking pictures while doing so," said the man, who worked for his freedom. "Sometimes, when people were wounded, they piled them up in one place and filmed them."
Europe has given the Libyan government millions of euros, and "since 2017, more than 120,000 people have been intercepted at sea by the E.U.-trained Libyan Coast Guard with E.U.-donated vessels, and illegally pushed back to Libya," MSF pointed out.
"Tunisia has overtaken Libya as the main departure point for people on the move, with nearly five times more arrivals than last year," the group noted. In response, the E.U. has "expanded its Libya strategy," providing millions of euros to "curb undocumented migration—including through incentives, trainings, and material support to increase interceptions at sea."
MSF highlighted that along with enabling interceptions, E.U. governments have directly neglected and hampered SAR efforts.
"In 2022 and 2023, we documented numerous cases in which Italy and Malta failed to lawfully coordinate rescues and ensure assistance to those at risk of drowning, leading to delayed rescues or no rescue at all," the group said. "They have left a deadly void in which people at risk of drowning are either left to drown or forcefully returned to unsafe countries."
While MSF and other groups "have faced frequent harassment by the authorities, including criminal charges, inspections, and prolonged detainment," the publication explains, "November 2022 marked the beginning of a new phase of escalation in the obstruction of NGO-led search-and-rescue activities" led by a new Italian government.
"Italian authorities prohibited Geo Barents and two other SAR ships from stopping in their territorial waters, and eventually facilitated only those considered most vulnerable to disembark," the document details. "The 'selective' disembarkation lasted for three days and eventually, following intense media coverage, political pressure, and the intervention of medical specialists on board the rescue ships, all survivors could eventually disembark in Italy."
Then, in January, "the Italian government introduced a new set of rules applying exclusively to civilian rescue vessels," which "has had a very tangible effect on the presence of NGO ships at sea and their ability to rescue," the report adds. Gil stressed that "while the new Italian rules target NGOs, the real price is paid by those fleeing across the Central Mediterranean, who are left without assistance."
"How many more deaths in the Central Mediterranean will the European states wait for before they halt their hostile and inhumane approach?" he asked. "We urge the European Union and its member states, especially Italy and Malta, to immediately change course in order to prioritize the safety of those seeking sanctuary at European shores."