Maltese NGO Republikka has formally urged the European Courts of Human Rights in Strasbourg to order Malta and Italy to rescue migrants stranded in the Mediterranean.

Malta and Italy recently declared their ports unsafe for migrant arrivals in light of the COVID-19 pandemic, while Libya’s UN-recognised government in Tripoli also declared its ports unsafe due to the ongoing civil war in the country.

Republikka argued that the European Convention of Human Rights, which both states have signed, binds them to protect life, including those of non-citizens. 

“Our request comes too late for the court to protect the rights of those who have already been killed by drowning, hunger, thirst or exhaustion, and those who have been forced to return to the dangers of Libya against all international norms,” it said.

“The Maltese government certainly knows full well that the situation in Libya will endanger the dignity of these migrants.”

It noted that the European Court of Human Rights had back in July 2013 intervened to stop Malta pushing back migrants towards Libya.

Earlier today, the International Organisation of Migration said five dead people were found on a migrant boat in Malta’s search and rescue zone. It said the other 47 migrants on board were rescued by a commercial vessel in the region and handed over to the Libyan coast guard.  

In a statement, the Maltese government argued that the boat had been in distress for a number of days while it was still in Libya’s search and rescue and that the EU had flown its aircraft’s over the area but didn’t send in any vessels to pick up the migrants.

It said Malta’s Rescue and Coordination Centre followed the established coordination procedures once the boat entered the islands’ search and rescue area and communicated the boat’s position through the NAVTEX system, which provides urgent maritime information to ships.

The Armed Forces of Malta also made a number of flights to pinpoint the boat’s exact location, after which it called nearby vessels to assist. A commercial vessel was dispatched to the boat’s location for assistance and a Libyan fishing vessel later took the migrants on board.

Meanwhile, the AFM was also coordinating four other similar cases.

“While Malta is still engaged in coordination work related to migrant boats, the Government of Malta continues to reiterate the need for the European Union to launch a humanitarian mission in Libya so that people no longer continue to risk their lives trying to flee the country,” the government said.

“The Government of Malta remains committed to continue its fight against migrant smuggling and against those who continue to facilitate irregular travel.”

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