On 1 March 2023, the Iuventa defendants presented a statement about the shipwreck of migrants and refugees that occurred on 26 February 2023 off the coast of Crotone, Italy, which claimed the lives of more than 60 people. The Prosecution then presented its arguments in response to the defence lawyers’ submissions on the lack of jurisdiction and territorial competence of the Court of Trapani. 

At the beginning of the hearing, the Iuventa defendants asked the judge if they could read a voluntary statement (dichiarazione spontanea) about the recent shipwreck of migrants and refugees off the coast of Crotone, Italy. The judge granted this request in light of the human and analogical relevance to the case, but clarified that the facts fall outside the subject matter of the criminal proceedings.

Iuventa defendant Sascha Girke read out a statement on behalf of the Iuventa defendants in German, which was simultaneously translated in Italian by the two interpreters present in the courtroom. He explained that they were making the declaration in memory of the victims of the shipwreck, and that in a terrible and unequivocal way, the dead remind us of what is really at stake in this criminal proceeding. He recalled the words of Orlando Amodeo, Crotone’s state police medical director and rescuer, that people could have been saved, as it was not true, as claimed by some, that the sea conditions made it impossible to approach the boat. He noted that the Iuventa crew had been able to make rescues in similar sea conditions in the past, as have many others. He declared: “It is possible. It is necessary. It is the only right thing to do. Everything else is wrong.”  

Furthermore, Girke stressed the responsibility of political decision-makers for denying safe and legal means of entry for migrants and refugees, hence forcing them to attempt crossing the Mediterranean in unseaworthy boats. This, he declared, is what creates the conditions for the deaths of hundreds of people at sea. He concluded by expressing profound condolences and respect for the victims and their families, as well as solidarity with those who will have to endure similar journeys in the future. He closed by asking the judge to immediately terminate the criminal proceeding, and to repair and return the Iuventa ship. 

At the end of the reading of the statement, the judge expressed his deep sympathy for the victims of the shipwreck and granted the defense lawyers’ request for a minute of silence in memory of the victims and their relatives. All parties and those present stood up for a minute in silence. 

The judge then gave the floor to the Prosecution, which submitted arguments for the dismissal of all exceptions raised by the defense lawyers in the previous hearing regarding the lack of jurisdiction and territorial competence of the Court of Trapani. Firstly, with respect to the question of jurisdiction, the Prosecution endorsed the findings of the 2018 ruling of the Italian Court of Cassation (Cass. pen., sez. I, 23.4.2018, n. 56138,M.T.J. e altro.), which had confirmed the preventive seizure of the Iuventa ship. In their view, no new normative or jurisprudential elements have arisen that would cause the principle of law enunciated by the court to be considered outdated. Accordingly, the Prosecution reiterated Italy’s jurisdiction based on the Court of Cassation’s 2018 ruling. It submitted that Article 10 of the Italian Criminal Code does not apply to this case, but rather Article 6 of the Italian Criminal Code, as held by the preliminary investigation judge who had ordered the seizure of the Iuventa ship. The Prosecution also reaffirmed Italy’s jurisdiction over the legal entities accused in the case (two NGOs and a shipping company), stating that what matters for the purpose of establishing jurisdiction over the conduct of the legal entity is the commission of the predicate offense (not the administrative offenses or the headquarter of the entity).

Secondly, as for the territorial competence of the Court of Trapani, the Prosecution acknowledged the complexity of identifying the place of commission of the alleged crimes because of the number of events and subjects involved in the case. However, it reaffirmed the territorial competence of the Trapani Court based on the connection between the alleged criminal conducts, pursuant to Article 12 of the Code of Criminal Procedure. It rejected the application of Article 1240(2) of the Navigation Code by considering that it covers only crimes under that code committed abroad. Finally, the Prosecution stressed its effort to avoid excessively fragmenting the criminal proceeding and “traveling all over Italy to follow this case,” as well as to guarantee the Constitutional principle of trial within reasonable time.  

The lawyer representing the State Legal Service of Palermo (Avvocatura dello Stato) endorsed all Prosecution’s submissions on behalf of the Ministry of the Interior, who has been admitted by the judge as civil party in this case (see the 25 February 2023 monitoring report). 

The next preliminary hearing is scheduled to take place at the Court of Trapani on 15 March 2023.