A magisterial inquiry has cleared the Prime Minister, the armed forces commander and the crew of a patrol boat of allegations that they had caused the deaths of a number of migrants.
The inquiry was launched after civil society NGO Repubblika filed two criminal complaints, asking the police to investigate the PM and the Brigadier over homicide, and the crew of the P52 over involuntary homicide.
The complaints had been filed after a number of allegations by migrant rescue helpline Alarm Phone, which claimed that a number of migrants died during a pushback operation and that the AFM had “intentionally sabotaged” a migrant boat engine in a separate case.
Repubblika had later filed evidence to the effect that the AFM members had only disengaged the engine’s kill-switch, in what is part of the normal procedure followed during rescue operations.
The 400-page inquiry, led by Magistrate Joseph Mifsud, and which was published in full on Saturday, came to the conclusion that the allegations made are unfounded and that no crime was committed.
156 people testified before the inquiry, including the crews of four AFM patrol boats and two aircraft, as well as several migrants.
Photo: AFM
The inquiry was concluded on Wednesday and was handed over to Attorney General Peter Grech. Prime Minister Robert Abela later requested a copy and the entire document was published on Saturday by the Department of Information.
The magistrate concluded that the allegations were unfounded and were not based on any documented evidence. No link was established between the crew of the P52, the Prime Minister and the AFM commader with the alleged crime.
Abela and Curmi were not involved in the murder of irregular migrants, and the crew members of the P52 were not involved in the attempted murder of the irregular migrants.
The magistrate found that Malta had observed its international obligations, but said that international community should shoulder its own responsibilities.
Several facts contrasted sharply with the allegations made by Repubblika, Avvenire, The New York Times and the Guardian, particularly the details that relied on tweets and press releases of the NGO Alarm Phone.
It also resulted that Repubblika, before filing the complaint with the police, did not seek clarifications from the PM, brigadier and the people responsible for the original claims via Twitter, which messages were a source for the stories on the international media.
The P52 crew members were not on a rescue mission in the days indicated in the criminal complaint filed by Repubblika alleging attempted murder.
There should be an agreement, with clear protocal established, on how migrants should be rescued and relocated to other countries, not only in the EU but other nations who are members of the Council of Europe and other multi-national bodies. This should be done to ensure solidarity in practice, not only on paper.
A lasting solution would be an increase in the standard of living all over the world so that no people are forced to leave their home in search of a better future and protection.
It is essential that cooperation is afforded in the fight against human trafficking.
Magistrate Mifsud noted that all the migrants involved in the AFM rescue operation were in fact saved.
Footage of the incident shows that the AFM personnel acted with dedication and are ready to do everything they can to save lives, the Magistrate said, adding that, since 2005, the army has saved over 26,000 migrants.
He also said, however, that he does not agree with the fact that there were no immediate reactions by the army.
The magistrate said investigations should continue against the human traffickers. This includes investigating a number found on a mobile phone belonging to one of the rescued migrants.
Read full inquiry here