“Given the numerous credible reports highlighting the harsh treatment of migrants caught trying to leave Libya illegally and the impossibility of obtaining effective protection there, we cannot but question whether Libya can legitimately be considered ‘safe’”, said Fr Joseph Cassar SJ, JRS Malta Director.

Although the facts surrounding the rescue operation are still unclear, it would seem that the 55 migrants on board the dinghy were arbitrarily divided between the two boats, without any assessment of their personal situation or protection needs. From initial reports[i] it appears that the migrants who boarded the Libyan vessel were led to believe that they would be going to Italy.

“We find it hard to accept without questioning the assertion that, having risked everything to leave Libya, half the migrants meekly volunteered to go back, as is being reported. This especially as it seems that families were separated in this operation, with one member of the family in Malta and the other in Libya; a situation which naturally causes great distress and which no one would willingly choose,” Fr Cassar said.

While it is clear that irregular immigration poses particular challenges for Malta, JRS believes that attempts to limit the number of irregular arrivals should never be at the cost of human rights.

The organization called upon the government to ensure that from now on, asylum seekers within Malta’s effective jurisdiction are not sent to Libya, where they cannot obtain the protection they require and where they risk suffering serious violations of their fundamental human rights.