A Social Democratic party delegation from Germany is challenging the Maltese government over the legality of the detention of the rescue boat Sea-Watch 3 and aircraft Moonbird.

The civil search aircraft, which was involved in the rescue of almost 20,000 people, has not been allowed to fly since May, after the government started clamping down on NGO rescue missions. A letter of protest by the NGO Sea Watch sent 20 days ago remains unanswered.

The aircraft is operated by Sea Watch and the Swiss Humanitarian Pilots Initiative, supported by the Evangelische Kirche in Germany.

Tamino Böhm, head of the Moonbird mission, told Times of Malta that the NGO will be filing a judicial protest and also involve the Office of the Ombudsman in the matter. 

He was speaking during a visit by the social democrats aboard the Sea-Watch 3, which has been detained in Malta for more than two months.

Following their visit on the vessel, European Socialist Dietmar Köster and German MP Hilde Mattheis will be meeting Home Affairs Minister Michael Farrugia on Friday, whom they will challenge over the legal basis of the blockade.

"It is clear that Malta, as an EU member state, has to stick to the rule of law and therefore we need to understand the legal issues.

"We are not accusing the Maltese government on its own as this is a European issue. However, there are new social movements across Europe expressing concern that refugees are drowning in the Central Mediterranean.”

Read: 'Malta is putting lives at risk' - sea rescue NGO

Mr Köster told the press that after meeting the crew aboard the Sea Watch 3, he was convinced of their professionalism. He underlined the European Socialists’ solidarity with the NGOs’ activities, which conformed with EU values.

His colleague Ms Mattheis meanwhile said she hoped that their visit will help the EU wake up and face the humanitarian tragedy.

"We have a great responsibility, particularly as social democrats, to come up with a solution… It’s a basic principle of humanity and there should be a common understanding about rescuing people at sea among all nations who uphold humanitarian values."

Civil society was filling the gap left by states when it came to saving people, she said, adding: "hindering NGOs exposes the extent of the tragedy".

“I’m here today because European Socialists want to show their support to search-and-rescue activities and the NGOs blocked in Malta,” she said.

Migration policies cannot be made on the back of people in distress

The German MP insisted that “migration policies cannot be made on the back of people in distress and I think that the blockade of the NGO vessels goes contrary to international law. It’s not only morally, but also legally questionable.”

The two German politicians will be visiting the mass grave in Paola and they will also meet survivors of the last rescue operation by Mission Lifeline.

The MV Lifeline has been held up in Malta since June, after rescuing 233 migrants. The Sea Watch 3 and a third migrant rescue vessel - the Seefuchs – are also facing the same fate over registration issues.

Sophie Scheytt, who takes care of Sea Watch’s advocacy, noted that the two politicians hailed from the same political family as that of Prime Minister Joseph Muscat.

This fourth visit by a delegation will be followed by another one in the coming weeks that will be made up of various MPs with different political views. The NGO welcomed the “strong interest” about its detained vessel and aircraft.

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