Abstract
[Machine translation] By decree of 21 November 2019, the College for Ministerial Crimes at the Court of Rome ordered the dismissal of criminal proceedings against the pro tempore Minister of the Interior (position held at the time by Sen. Matteo Salvini) and his Chief of Staff, in relation to the crimes of omission (rectius refusal) of official acts (art. 328, paragraph 1 of the Italian Civil Code), abuse of office (art. 323 of the Italian Civil Code) and failure to rescue at sea (art. 1113 of the Italian Civil Code). The investigations were initiated following a complaint submitted to the Agrigento Public Prosecutor's Office, which highlighted the failure to assign a safe haven to the ship Alan Kurdi of the NGO Sea Eye, flying the German flag, which on April 3, 2019 had rescued a group of people aboard a struggling dinghy in the Libyan SAR area and soon after requested (in vain) permission from the Italian maritime authorities to dock in a port on the Peninsula. After having succinctly reconstructed the facts at the origin of the story, the contribution reviews the motivations of the decree of the Court of Ministers, focusing in the conclusions on some passages that appear to be not without critical profiles.
Translated title of the contribution | [Machine translation] The case of the Alan Kurdi ship: profiles of criminal and international law at the point of failure to assign a safe haven |
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Original language | Italian |
Pages (from-to) | 1-16 |
Number of pages | 16 |
Journal | SISTEMA PENALE |
Issue number | N/A |
Publication status | Published - 2019 |
Keywords
- NGO
- migration
- place of safety
- search and resque