BISHOP SPEAKS. Marchetto, number two in the Vatican department MIGRANTS
Migrants, criticism from the Vatican:
"Agreements with Libya violate rights'
" Nobody can be extradited where there is a danger that the person will be tortured or sentenced to death "
LONDON - " No one can be moved, expelled or extradited to a State where there is a serious danger that the person will be sentenced to death, tortured or subjected to other forms of inhuman or degrading treatment or punishment. " A recall is Archbishop Agostino Marchetto, secretary of the Pontifical Council for Pastoral Care of Migrants, which challenges the decision of Italian immigrants intercepted at sea "forcibly repelling in Libya, as required by a bilateral agreement with that government, and this without considering the possibility that there were among them refugees or people in some way vulnerable. "
"inhumane conditions" - "In Libya - Marchetto recalled - there are detention and repatriation where conditions range from acceptable to inhuman and degrading treatment. And access to these centers is difficult so it is difficult to monitor respect for human rights in them, then taking into account that this country has not acceded to the Geneva Convention of 1951, nor to its 1967 Protocol, and does not recognize ' United Nations High Commissioner for Refugees. " "I confirm - the archbishop said in a note - my position to condemn those who do not observe the principle of 'non-refoulement', that is the basis of the treatment to be done to those fleeing persecution. And I wonder if in time of peace you can not enforce this fundamental principle of international humanitarian law, how will require compliance in time war. And the question can be extended to the issue of protection of civilians during conflict, which is so weakened in its root, the common humanitarian. " According to the prelate, "another law violated the act of intercepting and rejecting the migrants on the African coast of the Mediterranean is the" due process ", which includes the right to defend itself, to be heard, to appeal against an administrative decision , the right to obtain a reasoned decision, and to be informed of the facts upon which the sentence, the right to an independent and impartial court. " According to Monsignor Marchetto, in addition, 'eavesdropping even go against the same code Schengen borders, stating that all persons that have been denied entry to the territory have the right to appeal. " "People rejected - said the bishop quoting a recent report of ' Human Rights Watch that denounced the interception by Italian coast guards of African migrants and asylum seekers who sailed in the Mediterranean - no chance to exercise this right of' appeal, are not informed about where and how to exercise this right, and even more, there is for them not an administrative act that forbids them to continue their journey of desperation to reach international waters and that has a return to the place of departure or to another destination on the African coast. "
VIOLATIONS - "Other rights violated - Lists the number two in the Vatican department for migrants - are physical integrity, human dignity and even life, as evidenced by the many that do not exceed the crossing of the Mediterranean which has become the tomb, but also those who die in the desert crossing to the fate groped from countries bordering the Mediterranean less severe in Libya. In the fight against illegal immigration must not forget that "about three-quarters of illegal immigrants actually come with a valid visa or entry permit, and then remain in the country chosen after its expiry date, confirm the data in our possession relating to Italy and Spain, the main countries of first destination in Mediterranean Europe. " And in any case - concluded Msgr. Marchetto - it "must respect the Geneva Convention of 1951 and its 1967 Protocol, the status of refugees, internal treaties on extradition, readmission and transit of foreign citizens and asylum (in particular the Dublin Convention of 1990) and the 1950 Human Rights. " (Source Agi )
taken from the www.corriere.it 9.aprile.2010
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