Aid workers who support migrants on trial in Italy and Tunisia

In the first of its kind in Italy, six members of a search and rescue organization faced accusations of aiding illegal immigration in court in Ragusa, Sicily, starting on Tuesday (October 21). 

The defendants, who are from the Italian charity Mediterranea Saving Humans (MSH), are MSH co-founder Luca Casarini, the ship’s captain, and three crew members, including a doctor. The group is charged with aggravated facilitation of illegal immigration, which carries penalties of imprisonment ranging from five to 15 years and a fine of 15,000 euros for each person who was given unauthorized access into the State.

“This will be an opportunity to reestablish the full truth and legitimacy of what happened — and to turn this absurd accusation against sea rescue and solidarity into a trial against those who, at sea, allow women, men, and children to die...through deliberate failures to rescue that cause suffering and death,” MSH said in a statement. 

In 2020, MSH transferred 27 migrants who had been stranded for over a month on the Danish tanker Maersk Etienne to the MSH ship, Mare Jonio. The rescued passengers had been stranded for nearly 40 days on the Danish tanker after the Maltese authorities allegedly refused to assign a safe port for disembarkation.

Prosecutors allege the transfer of the passengers to the Mare Jonio was financially motivated, citing a 125,000 euros payment from Maersk to MSH months after the event. MSH and Maersk have both claimed that this was a transparent donation meant to defray costs incurred in transferring the refugees from Maersk Etienne to a port in Sicily. Maersk has asserted that MSH did not charge for carrying out the transfer and transporting the passengers to Sicily.

At the hearing on Tuesday, lawyers reportedly raised concerns about the use of wiretaps of conversations involving “lawyers, journalists, bishops, and even members of parliament.” Lawyer Serena Romano also reportedly questioned how providing medical assistance could be defined as criminal. Wiretaps are often presented in trials in Italy, although the use of them has to adhere to certain paramenters and rules.  

The next hearing is set for January 13, 2026. 

Criminalizing solidarity, a worrying trend 

The Platform for International Cooperation on Undocumented Migrants (PICUM), a network of organizations advocating for the rights of undocumented migrants, has noted that along with the rise in anti-migrant sentiment is the “consistent and noticeable rise in the criminalization of solidarity actions towards migrants and those who help them.”  PICUM also believes the trail in Italy trials could be seen as an indication of a rising trend where humanitarian aid is criminalized.

“The Mare Jonio mission was an act of humanity which should be celebrated, not punished. This trial is the latest example of how solidarity with migrants is being criminalized across Europe, from search and rescue operations at sea to offering food and shelter to people in need,” Silvia Carta, Advocacy Officer at PICUM, told InfoMigrants.

In a 2024 report, Criminalization of Migration and Solidarity in the EU, PICUM documented at least 142 individuals prosecuted for helping migrants. Charges against these people included allegations of offering aid and solidarity to migrants, by facilitating the entry, stay, or transit of people on the move, and in some cases stretched to accusations of migrant smuggling. The report is based on media monitoring and research conducted throughout 2024; however, PICUM stressed that the actual numbers are likely to be higher. 

According to the report, the highest number of criminalization cases was in Greece (62), Italy (29), and Poland (17). Breaking down these numbers shows that 88 people were criminalized for rescuing or helping migrants in distress at sea, while 21 were criminalized for providing food, water, or clothing, and 17 for protesting.

Carta emphasized that the numbers marked a steady increase in cases since 2021.

“What we’re able to monitor is just the tip of the iceberg, because many cases go unreported or never make it to the public eye,” said Carta. 

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2020 sea rescue, now questioned and criminalized 

InfoMigrants reviewed media reports and statements to reconstruct the timeline of the 2020 events at sea that ultimately led to the current trial of MSH aid workers.

On August 19, 2020, Danish oil tanker Maersk Etienne responded to the call of the Maltese government to rescue 27 people in distress in international waters. The passengers, who included a pregnant woman and one child, had allegedly fled Libya.

Maltese authorities, who had coordinated the rescue, allegedly refused to assign a safe port for disembarkation.

The crew of the Maersk Etienne called for assistance, saying that the vessel is neither designed nor equipped to care for additional people.

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In a 2020 statement, Maersk Etienne said, “Our crew continues to provide as much support and assistance as they can to this vulnerable group, but they lack the resources to offer sustained humanitarian and medical care. A tanker ship is neither designed nor equipped to accommodate additional people; we therefore find ourselves in a situation where our supplies are rapidly depleting.”

On September 6, 2020, three migrants jumped overboard. The captain and crew implemented recovery procedures, and the three people were rescued and brought back on board the ship.

The crew also warned of continuous issues with minor medical ailments and a threat to go on hunger strike.  

On September 11, 2020, after what the Maersk Etienne described as “more than a month of unanswered appeals from the crew, United Nations agencies, and humanitarian organizations across Europe,” the MSH Mare Jonio responded to the Maersk Etienne’s request for assistance and boarded the tanker with its medical team. 

The transfer to the MSH Mare Jonio, followed an assessment of the passengers’ conditions.

The MSH Mare Jonio brought the passengers to the Pozzallo port in Sicily, where they disembarked.

PICUM further warned that the criminalization of aid is likely to worsen due to a proposal to revise the current EU legislation on migrant smuggling.

The proposed EU Facilitation Directive, currently under negotiation in the European Parliament, opens the door to the criminalization of humanitarian assistance and could expand the grounds for criminalizing migrants.  

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Trial in Tunisia

In mid-October, a group of six aid workers from the Tunisian Refugee Council (TRC) went on trial in Tunisia, accused of assisting irregular migration into the country.

The TRC has also worked in partnership with the UN Refugee Agency UNHCR to help screen asylum applications in Tunisia.

Tunisian and international rights groups condemned the trial, saying it criminalized helping refugees and migrants, reported the French news agency Agence France Presse (AFP).

Defendents, reported AFP, include Mustapha Djemaili, TRC head, an 81-year-old Tunisian-Swiss national, and the TRC project manager Abderrazek Krimi. Both defendants have been in detetion for more than a year-and-a-half pending the trial. Four other employees are also charged, but have not been held in custody.

The defendants have been charged with “sheltering” migrants and “facilitating illegal entry,” said a lawyer. One of the defense team lawyers, Mounira Ayari told AFP that the team had requested that the trail be postponed, so that a testimony from UNHCR could be heard. However, the court rejected that request and adjourned until the next hearing, scheduled for November 24.

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