The European Court of Human Rights (ECHR) has dismissed a case against Italy over its alleged responsibility in a deadly migrant boat sinking off the Libyan coast in 2017. The court ruled that Italy was not liable for the actions of the Libyan Coast Guard, rejecting claims made by 14 survivors of the incident.
The Strasbourg-based court declared the case inadmissible, stating that Italy did not have “effective control” over the maritime area off Tripoli where the vessel carrying about 150 migrants sank. The tragedy resulted in the deaths of at least 20 people.
According to survivor accounts, those rescued by the Libyan Coast Guard were returned to Libya and detained at the Tajura Detention Centre, where they reportedly faced beatings and abuse. However, the ECHR judges concluded that the Libyan crew aboard the rescue vessel Ras Jadir acted independently, without direct control or instruction from Italian authorities.
While Italy has supported Libya’s coast guard with vessels, training, and funding to stem the flow of migrants across the Mediterranean, the court found that such support did not amount to Italy exercising governmental authority over Libya.
Some of the migrants were later rescued by the humanitarian group Sea-Watch and brought to Italy. The 14 complainants were among them.
A ruling in favour of the migrants could have challenged EU-backed migration control agreements with Libya, Turkey, and other nations aimed at limiting migrant arrivals to Europe.
The ECHR clarified that it has no jurisdiction over Libya, which is not a member of the Council of Europe. The court’s mandate is limited to the 46 member states of the Council, an entity separate from the European Union, created after World War II to uphold democracy and human rights.
