The European Court of Human Rights (ECHR) has decided that the sinking of a migrant vessel in November 2017, which claimed 20 lives and led survivors into Libya’s infamous detention camps, was deemed outside Italy’s legal control. The ruling effectively absolves Italy of responsibility for migrant deaths in the Mediterranean and detention abuses in Libya. This signals a worrying legal precedent that could embolden further evasion of accountability in Europe’s deadly border policies.
Survivors silenced, justice denied
On June 6, the ECHR ruled that Italy cannot be held responsible for actions by Libya’s Coast Guard—even when those actions followed maritime distress calls facilitated by Italian-funded patrols.
“Italy didn’t have effective control of that area or that ship,” the ECHR declared, leaving survivors with no legal remedy.
The Associated Press reports,
The judges found that the captain and crew of the Libyan vessel Ras Jadir had acted independently when they answered a distress signal in the early morning hours on Nov. 6, 2017.
Italy has supplied the Libyans with funding, vessels and training as part of an agreement to slow the numbers of migrants crossing the Mediterranean. The judges found, however, that this support didn’t prove that “Italy had taken over Libya’s public-authority powers.”
The 14 survivors reported being beaten, abused, and detained in Tajura camp after being forcibly returned to Libya. But under the court’s ruling, Italy bears no responsibility—even when evidence suggests its support enabled the deadly outcomes. Italy’s externalization policy—financing Libyan enforcement while sidestepping legal responsibility—has guilt-free consequences for those caught in the crisis.
This sets a dangerous benchmark for outsourcing border enforcement.
Trafficking risks deepen in Libya
Freedom United has long documented how migrants returned to Libya fall straight into trafficking and modern slavery conditions—conditions the UN has described as crimes against humanity.
These systemic abuses are not sidelined tragedies—they are the predictable by-products of policies that put borders before human rights. Italy and the EU have funneled millions into supporting Libya’s border apparatus, despite consistent documentation of these abuses.
Fleeing war, facing abuse
Meanwhile, new reporting from The Straits Times shows a surge in Sudanese refugees entering Libya via Egypt in search of safety, only to be funneled into the same system of detention and exploitation. Driven out by civil war, many Sudanese migrants—like 25-year-old Bahr el-Din Yakoub—described being arrested, extorted, or beaten by Libyan authorities and militias before making the dangerous sea crossing to Europe.
UNHCR data shows Sudanese arrivals in Europe rose 134% in early 2025, even as overall numbers decreased. Libya remains a key corridor and its coast guard continues stopping boats and returning people to grave danger.
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