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Italy has claimed that those arrested will remain under Italian jurisdiction, but the reality is that the agreement will be used to circumvent national law...
"Amnesty International" has dropped the pact for refugees. Elisa De Pieri, Regional Researcher at Amnesty International, said that such an agreement is illegal. She requested that the parties immediately withdraw from this act.
" People rescued at sea by Italian authorities, including those seeking safety in Europe, are under Italian jurisdiction and cannot be sent to another country before their asylum claim and individual circumstances have been examined. It's as simple as that ," she said.
According to her, this agreement is about refoulement, a practice which is prohibited under international and European law and for which Italy has already been condemned by the European Court of Human Rights. She added that it is illegal, inappropriate and should be removed.
" Italy has claimed that those arrested will remain under Italian jurisdiction, but the reality is that the agreement will be used to circumvent national and EU law. This can have devastating consequences for people seeking asylum, who may be subject to lengthy detention and other abuses beyond the control of Italian judicial authorities. The European Commission has already made it clear that EU asylum law cannot be applied outside the EU.
While the details of the deal have yet to be revealed, a number of concerns are already emerging. Amnesty International calls on the Italian government to respect its obligations under international law on non-refoulement, guarantee asylum and calls on the European Commission to ensure that member states do not violate the acquis on asylum," she said .
According to "Amnesty International", protection from refoulement is a fundamental right of asylum seekers and refugees. Non-refoulement is a core principle of international refugee law, as part of customary international law, it is binding on all states. The principle of non-refoulement is also enshrined in EU law in Article 78(1) TFEU and Articles 18 and 19 of the EU Charter of Fundamental Rights.
According to "AI", the European Commission already made it clear in 2018 that the extraterritorial application of EU law is currently not possible.
Italy has already been convicted of violating the principle of non-refoulement by the European Court of Human Rights in 2012 in the case of Hirsi Jamaa v. others. / Pamphlet
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