According to the Times of Malta, a human rights case brought by a group of asylum seekers returned to Libya by the Maltese government has been dismissed by a Maltese judge. The judge cited uncertainty regarding the mandate of their lawyer, Paul Borg Olivier, who represented them in the case.
The group, picked up at sea in April 2020 by a boat commissioned by Malta, filed the case alleging human rights violations during their return to Libya. They claimed the decision violated human rights principles under the Constitution, the European Convention, and the EU Charter of Human Rights, arguing Libya was not a safe country.
During court proceedings, it emerged that the NGO AlarmPhone had alerted Maltese authorities about the migrants heading towards their search and rescue area. The migrants alleged being abandoned by the crew and forced to endure harsh conditions on deck.
Returned to Libya, they faced further mistreatment in a detention center, with two deaths and others suffering dehydration, malnutrition, and psychological trauma due to rescue delays.
The migrants argued Malta’s claim that the boat returned to its home port was unjustified, contradicting its obligation to take distressed migrants to a safe port. They sought remedies, compensation, and restoration of their pre-pushback situation.
Their lawyer, Paul Borg Olivier, intends to appeal the ruling.
