CCPR/C/130/D/3042/2017 neighbouring rescue centres, with the objective of designating one centre to assume responsibility, in accordance with chapter 5.3.4.1 of the International Convention on Maritime Search and Rescue, 1979. 3.2 The authors further allege a violation of their relatives’ rights under article 6 (1) read in conjunction with article 2 (3) of the Covenant, as they claim that the authorities of the State party failed to undertake an official, independent and effective investigation into the shipwreck in order to ascertain the facts and identify and punish those responsible for it. 3.3 The authors also claim that their rights under article 7 read in conjunction with article 2 (3) of the Covenant have been violated, as the failure to investigate the death or disappearance of their relatives has caused and continues to cause them anguish, amounting to inhuman and degrading treatment. State party’s observations on admissibility and the merits 4.1 In a note verbale dated 15 June 2018, the State party submitted its observations on the admissibility and the merits of the communication. The State party submits that the communication should be found inadmissible for lack of jurisdiction, as the shipwreck took place outside the State party’s territory. It also notes that domestic judicial proceedings are currently pending. 4.2 The State party notes that, in recent years, a large number of migrants have arrived in Italy. It notes that according to the records of a parliamentary hearing held on 3 May 2017, a total of 23 rescue operations were carried out simultaneously on the day of the shipwreck in question.4 4.3 The State party further notes that from judicial investigations, telephone records and interviews with witnesses and defendants, the following facts have been established concerning the events of the shipwreck in question. Once the first inbound phone call to the Italian rescue centre was made from the vessel, recorded at 12.26 p.m., the Italian rescue centre started localizing the satellite telephone from which the call had been made. Following the second phone call from the vessel, and after having received basic information, the Italian rescue centre informed the Maltese rescue centre, at 1 p.m., about the incident, as the vessel was located in the Maltese search and rescue area. At 1.05 p.m., the Maltese rescue centre responded positively to the Italian rescue centre’s request to formally coordinate the rescue operation. The Italian rescue centre requested the Maltese rescue centre to also provide the said confirmation in writing. That confirmation was received at 2.35 p.m. The Maltese rescue centre thus formalized its coordination role, and it informed the Italian rescue centre that it was sending a patrol boat to the area in which the vessel was reportedly located. In the meantime, the Italian rescue centre also collected information, tried to localize the vessel in distress, kept contact with the Maltese rescue centre, and informed the migrants to contact the Maltese rescue centre so as to ensure a more direct, immediate and effective rescue operation. Upon the Maltese rescue centre’s request, the Italian rescue centre stated that it did not have coast guard vessels in the area concerned. However, it informed the Maltese rescue centre that an Italian naval vessel and two merchant ships were present in the area. At 5.07 p.m., the Maltese rescue centre reported that the vessel had capsized, and it requested the participation of Italian rescue assets. The Italian rescue centre informed the Italian naval vessel, the ITS Libra, which was already on its way towards the area concerned, about the shipwreck. It also informed another Italian vessel, the Espero, which headed towards the rescue area. At 6 p.m., the ITS Libra reached the rescue area and it actively participated in the rescue operation. At 6.30 p.m., the Maltese rescue centre appointed the ITS Libra as onsite coordinator of the rescue operation. 4.4 The State party notes that the International Convention on Maritime Search and Rescue, 1979, provides for the obligation to rescue and assist persons at sea, regardless of nationality or legal status. It notes that the Convention sets delimitations between States and 4 4 The State party refers to hearing No. 44 before the bicameral parliamentary Committee to Oversee Schengen Agreements, held on 3 May 2017. Available at http://documenti.camera.it/leg17/resoconti/ commissioni/stenografici/html/30/indag/c30_confini/2017/05/03/indice_stenografico.0044.html (in Italian).