CCPR/C/130/D/3042/2017
arrived at the scene at 5.57 p.m., after the patrol boat of the Armed Forces of Malta, which
arrived six minutes earlier.
10.
Not only therefore did Italian naval authorities refuse to act when they were still the
first rescue centre responsible for coordinating the case, and issued the first navigational
warning. They also consistently omitted valuable information when communicating with
Maltese authorities and deliberately prevented the ITS Libra, which was the closest ship to
the vessel in distress, from intervening in rescue operations until after the shipwreck.
11.
I therefore consider that the individuals on the vessel in distress were under the
jurisdiction of Italy for the purposes of the Covenant (paras. 7.5–7.8). Furthermore, there was
a failure by Italian authorities to explain convincingly the motives for not providing timely
assistance under such pressing circumstances, thus affecting the lives of so many people (para.
8.5).
12.
Charges were brought against officers from the Italian Navy, the Italian Coast Guard
and the Italian rescue centre, involving at least seven officers, for failure to provide assistance
and for negligent homicide. Seven years after the events, the trial before the domestic courts
has yet to be completed, an excessive time delay for effective and prompt justice. The State
party has provided no clear explanation for the delay, other than a general reference to the
complexity of the case, and it gave no anticipated timeline for its completion (paras. 8.6–8.7).
17
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