Illegally pushed back in 2018, A. finally arrives in Italy today with an entry visa

Today, A., a Sudanese asylum seeker, finally arrives in Italy on a scheduled flight with an entry visa. This arrival carries exceptional symbolic significance: it affirms the right to asylum enshrined in the Italian Constitution, a right that has been systematically violated through the practice of refoulement in the Mediterranean Sea. In these cases, Italian authorities, often with the complicity of private companies, obstruct the arrival of people seeking protection in Europe.

A. was part of a group of more than 270 individuals who were illegally pushed back to Libya between June 30 and July 2, 2018, aboard the Italian merchant ship Asso 29, owned by Naples-based Augusta Offshore. The operation was carried out under the orders and coordination of Italian authorities operating in Libya.

The Civil Court of Rome confirmed the unlawful nature of the refoulement, which violated principles established by international courts that had already condemned Italy for similar actions in the Mediterranean Sea.

The Court also found that the interception of the migrants and their subsequent unlawful pushback were made possible by logistical support and coordination from Italian authorities. This conduct violated the so-called “positive obligations” that require States to prevent acts of torture or inhumane treatment. During rescue operations, intervening authorities and ship captains must always ensure that rescued persons are brought to a safe place, regardless of who coordinates the rescue. In the case of Asso 29, this principle holds even if Libyan authorities intervene or request assistance, as affirmed by the Supreme Court in its ruling on the Asso 28 case involving the same shipping company.

A.’s arrival is the result of a legal battle that led the Civil Court of Rome to reaffirm a fundamental principle: individuals who have been pushed back must have their right to asylum restored, allowing them to physically enter Italy and apply for international protection. This is the only way to ensure that protection obligations are not undermined.

The case was supported by a large defense team from ASGI, with assistance from the association’s Oruka Project and the Josi&Loni Project. Together, these organizations reconstructed and documented the events, ultimately securing justice, even though the rulings were appealed. However, many rejected individuals remain outside the European Union without any form of protection.