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Sunday, Mar 09, 2025

Supreme Court Ruling Orders Compensation for Migrants from Diciotti

Supreme Court Ruling Orders Compensation for Migrants from Diciotti

The Italian Supreme Court has ruled in favor of migrants stranded aboard the Diciotti, reaffirming the responsibility of the government for their treatment.
On March 7, 2025, the Supreme Court of Italy, through its united sections, upheld a case brought by a group of migrants who were denied disembarkation from the Diciotti, a Coast Guard ship, between August 16 and August 26, 2018. This ruling mandates that the Italian government must compensate the migrants for non-pecuniary damages due to their deprivation of liberty during the incident.

The court's decision has resulted in significant political discourse, particularly among government officials.

One of the migrants affected by the situation, an Eritrean man currently residing in the United Kingdom, expressed his desire for justice rather than financial compensation.

He articulated to his lawyer, Alessandro Ferrara, that his primary concern is the truth surrounding the events that transpired, emphasizing the assertion that governmental actions during that period were unjust and violated fundamental rights.

He stated, "We were and are innocent people."

The Supreme Court's ruling has been met with sharp criticism from various political figures, most notably Matteo Salvini, who served as the Minister of the Interior at the time of the events.

Salvini argued that the court's decision undermines the government's actions, which he claimed were motivated by the need to manage immigration effectively.

Ferrara, representing the migrant, remarked that the court confirmed existing legal principles, specifically rejecting the notion that the government's denial of disembarkation could be classified as a political act exempt from judicial review.

The court's 37-page ruling clarifies that the refusal to allow the migrants to disembark for a prolonged period cannot be considered an act beyond judicial oversight, especially when it impinges upon fundamental rights.

The judges emphasized that the obligation to provide assistance at sea is a well-established principle under both international and national law, serving as a foundational norm in maritime conventions and representing a legal duty for any entity aware of a person in peril at sea.

In parallel, the ruling has sparked immediate political disputes, particularly from Prime Minister Giorgia Meloni, who condemned the decision as an unwarranted use of taxpayer money.

She criticized the presumption of damage acknowledged by the court, asserting that it contradicts established legal frameworks.

Meloni articulated her frustration over the implications of the ruling on public finances, suggesting that it fails to resonate with the citizens.

Additionally, Lega party member Andrea Crippa labeled the court’s decision shocking and economically burdensome for the public.

In response, Margherita Cassano, the Court's first president, asserted that while judicial decisions are subject to criticism, outright insults questioning the separation of powers fundamental to the rule of law are unacceptable.

The case is set for further examination by the Court of Appeal in Rome, which will determine the specific amount to be awarded as compensation, if any, and assess the validity of the claims moving forward.

As the legal proceedings unfold, the implications of this ruling will likely influence future judicial interpretations and governmental actions regarding migrant rights in Italy.
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