A group of 13 NGOs has called on Malta and other EU countries not to send back to Libya 12 migrants rescued by a trawler.

The trawler is currently stranded in the middle of the Mediterranean, awaiting instructions on where to disembark the migrants.

The #DontLetThemDrown group of NGOs said it was extremely concerned about reported negotiations between European Union states and Libya regarding the possible disembarkation in Libya of the migrants rescued some days ago.

"Returning rescued migrants and refugees to Libya would expose them to serious human rights violations, which is a serious violation of international and European law. International human rights law prohibits states from sending persons to countries where their life or freedom are in danger, or where they face a real risk of torture or inhuman and degrading treatment," the NGOs said.

"Furthermore, in the context of rescue at sea, international maritime law requires that rescued persons – whoever they are – are disembarked at a place of safety. In view of the current turmoil in Libya, which is putting the lives of many Libyans at risk, and of the widely reported ill-treatment of non-Libyan migrants and refugees, it is clear that Libya cannot be considered a safe country in terms of international human rights law or of international maritime law."

The NGOs pointed out how, in September 2018, the UNHCR said that it does not consider that Libya meets the criteria for being designated as a place of safety for the purpose of disembarkation following rescue at sea.

The NGOs therefore called on Malta, Italy and Spain to make sure that the rescued migrants are not disembarked in Libya under any circumstances and to reaffirm their commitment to fundamental human rights. 

The NGOs were the aditus foundation, The Critical Institute, the Foundation for Shelter and Support to Migrants, Integra, the Foundation, JRS Malta, KOPIN, Malta Emigrants’ Commission, Malta LGBTIQ Rights Movement (MGRM), Mission Lifeline,Platform of Human Rights Organisations in Malta, Richmond Foundation, SOS Malta, Spark and Victim Support Malta.

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