The act, against Interior, Infrastructure and Defense ministries, also cites IMO resolution for which the obligation of assistance can also be considered concluded on board a ship
On board NGO ships, you can proceed with making asylum requests. The migrants aboard Humanity 1, flying the German flag, did so on 6 November “showing the Captain, the crew members” and the lawyer on board the ship, now in Italian territorial waters, the “desire to request protection international”. “Therefore, they have put this will in writing – reads the appeal pursuant to art. 700 Cpc viewed by the Adnkronos – and have expressly delegated “their defense lawyer” to send this demonstration to the immigration office of the Catania Police Headquarters territorially competent for the reception “, request formalized the same day by the lawyer by sending it from his mail certified electronics.
Being in Italian territorial waters at the time of the manifestation of the will of the migrants, Humanity 1 therefore proceeded to submit a request to our country, to be formalized on land, instead of in Germany, the flag country of the ship, as it could and should have done if this manifestation of the will of the migrants had occurred while Humanity 1 was in international waters. “The captain and the defender carry out a function of mere transmission of the request for protection of the applicants to the competent authorities”, in fact still reads in the appeal to the Court of Catania against the Ministries of the Interior, Infrastructures and Defense of our country, carried out by migrants remained on board Humanity 1 after the disembarkation of the frail.
Among other things, the appeal reads: “…. Only with the entry of migrants into a port of disembarkation can the SAR (Search and rescue – ed) operation be considered concluded….”. However, the act then cites in support of the resolution IMO (International maritime organization – ed) 167/78, for which instead this obligation of assistance can be considered concluded even on board a ship, even more so if equipped to carry out activities assistance at sea. (by Roberta Lanzara)