On 19 December 2022, the last preliminary hearing for the year, lasting nearly six hours, for the Iuventa defendants and others took place in Trapani. Notable steps were taken by the judge to ensure defendants’ rights to adequate interpretation. In a significant development, the Italian government requested to join as plaintiffs seeking damages in the case.

During the hearing, the judge considered but ultimately further delayed rejoining the two case files, which had been split on 15 June 2022 due to the fact that three of the four Iuventa defendants and the NGO Save the Children had not been properly informed of the termination of the investigation phase (see previous observation reports from 15 June, 29 October and 3 December). When the case file was split, it opened the opportunity for these defendants to avail themselves of specific rights available during a limited time window after being properly notified of the termination of the investigation phase, including the right to request a voluntary interrogation by authorities with the understanding that the information would then be added to the case file. Such questioning offers a defendant the chance to clarify essential issues and provide additional information, but also carries the potential risk that this information may be used against them in the proceedings. On three separate occasions – 29 October, 12 November and 2 December 2022 – Iuventa defendant Dariush Beigui and his lawyers made the trip to Trapani for Beigui to be voluntarily questioned by the police, but on each occasion the interrogation had to be halted due to inadequate interpretation between Italian and German.

During the 19 December hearing, the prosecution argued that the case files could be rejoined and the proceedings progress, as Beigui had been given three opportunities for the voluntary interrogation, but he and his lawyers had obstructed the process. In direct contrast, Beigui’s lawyer argued that the case should not proceed until the issue of adequate interpretation was solved and Beigui was afforded his right to an interrogation with suitable interpretation provided. Beigui’s lawyer also requested that the Court enter his personal phone recording of the third questioning attempt into the case file, because the prosecution had unlawfully shut off the recording during the interrogation. The prosecution objected, but after listening to the recording in chambers, the judge overruled the prosecution’s objection and entered the recording into the case file. In an important development, the judge also ordered an expert review of the three attempted interrogations to date, to determine the quality of the interpretation provided. For this purpose, he appointed four apparently qualified interpreters – two for German, one for English, and one for Italian – to transcribe and assess the interrogation recordings, amounting to over six hours of audio in total, to be completed before the next preliminary hearing in January.  

The judge also made significant strides to improve the interpretation available to the non-Italian speaking defendants in the courtroom. Not only was a qualified, capable interpreter provided for the Iuventa defendants during the hearing on 19 December, but the judge formally ruled that the Iuventa defendants must be provided with additional, qualified linguistic assistance during the future proceedings to “ensure effective participation in the trial.”

In addition to the welcome progress on fair trial rights regarding adequate interpretation for the defendants, another key development occurred in that the Ministry of Interior and the Prime Minister’s Office requested to join the case as joint plaintiffs. In doing so, the government seeks to claim damages – both material and reputational – allegedly incurred by the Italian state as a result of the defendants’ rescue activities at sea. Though permitted by Italian criminal procedure, it is rare for the Prime Minister’s office to make such a move, as opposed to the Ministry of Interior (responsible for public order) or Ministry of Transport (responsible for ports and ships). The court must now consider the application by the Italian government and decide on the matter in a subsequent hearing. 

The latest move by the Italian government seeking to join the case as joint plaintiffs raises concerns regarding the politicization of the trial, as it accompanies a recent escalation in negative public discourse and policy towards civilian sea rescue in Italy. While Italy’s courts are completely independent of the government, these developments reaffirm the need for independent observation to ensure open and informed public debate regarding fair trial rights.   

The next preliminary hearing is scheduled to take place at the Court of Trapani on 13 January 2023.