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Refugee support vs Law

The struggles of fighting against the criminalization of solidarity

Fortress Europe 2021-2022


Tiago Araújo
Prof. Dr. Alexander Buck
• Portuguese citizen

• Worked has a volunteer in the german


NGO “Jugend Rettet” in rescue
missions for migrants and refugees in
the central Mediterranean Sea, aboard
the vessel Iuventa

Miguel Duarte
2016
• High number of people dying on Europe's “doorstep” due to the refugee
crisis

• Highest point of this humanitarian crisis

• Miguel Duarte joined the German NGO Jugend Rettet


• he assumed an unconditional commitment to defend and protect the
lives of thousands of human beings who are trying to cross from
Africa to Europe in search of better living conditions.

• Rescuing boat Iuventa began patrolling the central Mediterranean Sea


→ Miguel Duarte
participated in 4 rescue
missions aboard the
boat Iuventa

→ Around 14,000 people


were rescued between
July 2016 until August
2017

20th of June - World Refugee Day aboard the Iuventa. 123 people on board
2017

• The rescue boat Iuventa


was seized, after
conducting 15 missions.

This became the first


humanitarian ship to be
confiscated by Italian police,
because they were
suspecting this rescue crew
was aiding illegal immigration
from Libya.
2018

• The Italian authorities launched a criminal investigation against 10


volunteers, including Miguel Duarte

• They could face up to 20 years in prison and fines of 15,000 euros per
person rescued, if found guilty of aiding illegal immigration.

• Ambrogio Cartosio, chief prosecutor in the western Sicilian city of Trapani,


said his office had “evidence of encounters between traffickers, who
escorted illegal immigrants to the Iuventa, and members of the boat’s crew
→ Duarte’s case made newspaper headlines in Portugal, after a
humanitarian organization began a crowdfunding campaign to
help him pay for a team of lawyers, raising over 50,000 euros.

→ The portuguese ministry of Foreign Affairs took responsibility on


the case, including the possibility to bring the case to the
diplomatic level.

→ The team of lawyers supporting Miguel and the Iuventa rescue crew
estimated the legal costs for the process at around 500,000 euros. These
costs do not include travel for meetings between crew members, with the
legal team and for court hearings.
The response of some European countries
• Some member states are taking some actions to stop the search and rescue
operations of NGOs by closing ports or lifting legal actions against organizations
and volunteers

The Italian government has repeatedly accused rescuers of


collaborating with people smugglers. The Italian interior minister,
Matteo Salvini, has closed the country’s ports to rescuers ships.

Malta stepped up efforts to ban rescue boats from


coming to port
The European Union However, the current
claims to be founded denial of humanitarian
on the values of aid to refugees by
respect for human many member states
dignity, freedom, constitutes a violation
democracy, equality, of the Universal
Declaration of Human
the rule of law. Rights, which they have
all sworn to uphold.
In the Mediterranean
Sea, 18,000 people
died in six years.

It is a catastrophe
created by human
beings and by
inhumane policies –
of the European
Union and beyond.
“In fact we are not guilty.
The only thing we tried
2021 - Miguel Duarte to do was to save
was cleared by the people from certain
Italian justice, but not death. It's the fault of the
all Iuventa’s rescue European states that
crew members continue to turn a blind
eye to this situation."

He knows that he has Human rights group


not committed any Amnesty International
crime, but he also views the Iuventa's
believes that this is case as part of “a
not a case of “legality, dangerous pattern of
but of politics” criminalizing people
helping migrants and
refugees in Europe
T ha
nk y
o u fo
r you
r pa
rticip
a t i on
! : -)

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