1. ME DICEN
EL CLANDESTINO
CRIMINALISATION OF SOLIDARITY IN THE
REFUGEE CRISIS AND CHALLENGES FOR THE
DEFENSE
Avv. Nicola Canestrini*
ECBA spring conference, AtHeNs - May 2019
*Disclosure: defence lawyer in Iuventa case

2. 2
ARRIVALS BY SEA 2008 - 2017
OPENMIGRATIONS

3. 3
tens of thousands deaths in
central Mediterranean since 2013 (close to 20.000?)
2015: 1 death every 269 arrivals
2018: 1 death every 51 arrivals
(source UNCHR, 2018)

4. DEMONIZATION OF NGOS
CRIMINALIZATION OF SOLIDARITY
Handover of survivors to LIBYAN COAST
GUARD (European Court of Human Rights, Hirsi Jamaa and Others v. Italy, 2012!)
REFUSING DISEMBARKATION (even to Italian coast guard ships)
delegitimization of defence lawyers

5. CHALLENGES FOR THE DEFENCE
IN THE REFUGEE CRISIS

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FEB, 2015

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10. (16) Governments shall ensure that
lawyers are able to perform all of their
professional functions without intimidation,
hindrance, harassment or improper
interference
UN Basic principles on
role of lawyers 1990

11. “In a society founded on respect for the
rule of law the lawyer fulfills a special
role. (..) respect for the lawyer’s
professional function is an essential
condition for the rule of law and
democracy in society.”
(CCBE’s Code of Conduct for European Lawyers, article 1.1)

12. t @canestrinilex f canestrinilex
www.canestriniLex.com