AMNESTY
INTERNATIONAL
Public Statement
AI Index: EUR
30/001/2004 (Public)
News Service No:
248
6 October 2004
Italy:
Government must ensure access to asylum for those in need of protection
Reports of planes carrying hundreds of people of African and
Middle Eastern origin back to Libya from the small Italian island of Lampedusa
raise important questions about the Italian governmentÕs determination to
address migration challenges no matter what the cost to human rights.
Amnesty
International has long-standing, ongoing concerns about the lack of adequate
and comprehensive asylum legislation in Italy. Despite the Italian Ministry of
InteriorÕs recent assurances of acting lawfully, Amnesty International remains
deeply troubled by the apparent speed used in deporting hundreds of people from
Lampedusa during the last few days and the lack of any transparency in this
process. The organization fears
that the Italian governmentÕs most recent attempts to deal with arrivals by sea
risk seriously compromising the fundamental right to seek and enjoy asylum and
the principle of non-refoulement that prohibits the forcible return of an
individual to a territory where s/he would be at risk of serious human rights
violations.
Amnesty
International has called on the Italian government to put a stop to this
operation. It is incumbent on the Italian government to ensure that all
asylum-seekers have access to a fair and satisfactory asylum procedure. In the
event of arrivals overwhelming ItalyÕs reception and processing facilities,
Amnesty International notes the possibility available to Italy of seeking
assistance from the international community on the basis of the principle of
burden and responsibility sharing, bearing in mind that it would still need to
admit asylum-seekers and refugees to its territory without discrimination.
Key
procedural safeguards, such as adequate legal assistance, competent
interpretation and the opportunity to contact UNHCR and NGOs, represent
essential prerequisites for ensuring ItalyÕs compliance with international
refugee and human rights law obligations and the principle of non-refoulement.
Amnesty
International recommends that the Italian government facilitate UNHCRÕs early
access to all persons facing deportation in order to ensure that those who need
protection can obtain it. It also urges the Italian government to uphold the
principle of transparency and provide for independent scrutiny of its actions
and dialogue with UNHCR and NGOs.
Amnesty
InternationalÕs report Time to make human rights a reality (AI Index: MDE 19/02/2004) has
highlighted serious concerns relating to the human rights situation in Libya, a
country that has yet to sign the 1951
Refugee Convention. Amnesty International fears that some of the people
returned from Lampedusa may, once in Libya, risk refoulement to a country
where they may face torture or cruel, inhuman or degrading treatment. The organization notes that despite
being a signatory to the OAU Refugee Convention, and therefore bound not to return
anyone to a country where there is a risk of human rights violations, Libya has
in recent months broken its obligations to provide protection from refoulement. This is
exemplified by two incidents of deportation of Eritreans back to their country
of origin in July and August 2004. Many of those returned to Eritrea are now
believed to be detained incommunicado in a secret prison where conditions are
harsh.
Amnesty
International acknowledges that Libya has a legitimate right to control the
borders of its territory. It notes, however, that Libyan authorities have
routinely violated domestic safeguards and international standards regarding
arrest, detention and trial, thus disrupting the lives of hundreds of real and
suspected political opponents as well as those of migrants and possible
asylum-seekers. Amnesty International fears that those returned, whether Libyan
nationals or aliens, may be at risk of detention on charges including actual or
alleged illegal entry to and exit from Libya, and of ill-treatment while in
detention.
Amnesty
International urges the Libyan government to give UNHCR access to those
returned to Libya from Italy in order that they monitor their safety and report
any violations of their fundamental rights including the right to seek and
enjoy asylum in Libya, if they so choose.