No fury, but the request for definitive clarifications on the interpretation of the law. The Palermo Prosecutor’s Office, with the so -called “appeal for Saltum”, that is, directly in the Court of Cassation, asks for a “examination of legitimacy”. That is to say, since the historical facts, the prosecutors of the pool coordinated by the assistant prosecutor Marzia Sabella are ascertained, turn to the Supreme Court to find out, on the case that features vice -premier Matteo Salvini and for other future similar cases, what is the correct interpretation of the rules.
Let’s take a step back. The facts ascertained are those concerning the impediment to the landing for the 147 migrants aboard the Open Arms from 14 to 20 August 2019. The decision not to assign a safe port (pos) for all those days was by Salvini accused of kidnapping and refusal of office acts. On 20 December 2024 Salvini was acquitted because the Court, while recognizing the truth of the facts, believed that Italy did not have the duty to assign the safe harbor to the ship changing the Spanish flag.
In the sentence it is clarified that it is true that the shipwrecked, who arrived in Italian territorial waters were retained against their will on board the ship, but the responsibility of the then Minister of the Hybterno is excluded.
The Palermo prosecutor asks, with the appeal the Cassation, that the right interpretations to Italian and international laws is given. “The deemed extraneousness of the Minister of the Interior, as a national authority responsible for issuing the POS, compared to the three rescue events that occurred in international waters, was supported because of the fact that, according to the court, based on current legislation, Italy could not be qualified or a flag state or first state of first contact or competent state on the SAR Region (research and rescue at sea) in which rescue took place”. But, according to the applicants “the system of the CDs of the sea does not provide, nor can it provide for protection, even less for the rescue operated by the less equipped, private boats (that the conventions, making continuous reference to the” commanders of ships “, obviously include)”. Italy has also signed the three conventions on the rescue at sea (Solas, Sar, Unclos), which are based “on that customary principle, the fruit” of the oldest seafood traditions according to which no request for rescue at sea must remain unanswered “” “introducing” as an essential corollary, the duty of solidarity and subsidiarity between the states which, therefore, are required to intervene in the event of inertia, absence of others ».
In essence, with the appeal, the cassation is asked to verify the correctness by the first instance judge, the application of the rules and procedures without entering the merits of the case but also giving a correct application of the law.
