Italy using anti-mafia laws to scapegoat migrant boat drivers, report finds

A decades-long policy of criminalising asylum seekers is filling prisons with innocent men, according to analysis by rights groups

Italian police have arrested more than 2,500 migrants for smuggling or aiding illegal immigration since 2013, often using anti-mafia laws to bring charges, according to the first comprehensive analysis of official data on the criminalisation of refugees and asylum seekers in Italy.

The report by three migrant rights groups has collected police data and analysed more than 1,000 criminal cases brought by prosecutors against refugees accused of driving vessels carrying asylum seekers across the Mediterranean.

The report by Arci Porco Rosso, the NGO Alarm Phone, and the nonprofit Borderline Sicilia, found evidence of police officers offering immigration papers and other incentives to migrants to persuade them to testify against the suspected boat drivers, who, in some cases were asylum seekers forced at gunpoint by traffickers to navigate refugee boats.

The NGOs claim the new evidence in the report confirms that Italy has spent decades pursuing a policy of criminalising asylum seekers, alleging prosecutors have been filling its prisons with innocent men used as scapegoats.

“We have examined over 1,000 court cases, spoken to hundreds of people involved,” the report stated. “We spoke to persons accused of boat driving, lawyers, judges and members of the police and coastguard, to reveal the full extent of Italy’s process of criminalising migration.”

Using police data and evidence presented in hundreds of court cases, the report revealed how refugees were targeted for prosecution.

Before sending a boat to Italy, from Libya, Tunisia, or Turkey, the report said smugglers often choose a migrant as a driver. This can be someone who does not have enough money to pay for the trip or with experience of navigation.

When the boat enters Italian waters, the authorities ask passengers to identify the driver, who is then arrested.

An Italian jail.
Boat drivers, who are often refugees, are being prosecuted for serious charges, such as human trafficking and criminal association, with sentences ranging from 15 years to life in prison. Photograph: Andreas Solaro/AFP/Getty Images

Boat drivers, who often come from war-torn countries, are accused of crimes, from illegally piloting migrant boats to the country, to trafficking in migrants, to criminal association. They can face sentences from 15 years to life in prison.

Although in several court cases judges have recognised the “state of necessity” – that the unlawful conduct is justified to protect the perpetrator or another person from imminent and serious danger – hundreds of cases are currently making their way through Italy’s legal system.

Since 2013, at least 24 people have received sentences of more than 10 years, while six have been given life sentences, according to the report.

“This happens when, unfortunately, during the journey, some of the passengers die,” said Maria Giulia Fava at Arci Porco Rosso. ‘‘In that case, the boat driver is charged with murder. It is in those moments that justice is transformed into a terrible machine that risks destroying the lives of these people forever.”

Four Libyan professional footballers were arrested in Sicily in 2015 and sentenced to 30 years after 49 people died during a sea crossing. The men’s families and friends said they were refugees fleeing the civil war to continue their careers in Germany and were forced to pilot the boat. Last year, Libyan warlord Gen Khalifa Haftar reportedly refused to release 18 Italian fishers accused of illegally fishing in Libyan territorial waters until Italy had freed the footballers. But the move was unsuccessful.

Italian prosecutors’ use of anti-mafia laws in the cases of migrant boat drivers, which the report said has been framed as a continuation of the country’s prolonged battle against organised crime, has led to hundreds of boat drivers facing draconian charges, such as criminal association.

Evidence in the report appears to show that in some instances police have offered incentives to migrants to identify those driving the boat as being part of smuggling operations.

“In one case a Nigerian witness told us that the police officers promised him that, by providing an accusatory statement [against a boat driver], he would be allowed to go to school and have a bed in a hostel,”, said the report. “Sometimes, the same thing happens with translators, who are asked by the authorities to find the boat drivers among the other passengers.”

Contributor

Lorenzo Tondo

The GuardianTramp

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