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Criminalization of solidarity and refugee crisis: challenges for the defense

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Criminalisation of aid for migrants and refugees: at least 104 people were investigated or formally prosecuted for providing humanitarian assistance in 2018.

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Criminalization of solidarity and refugee crisis: challenges for the defense

  1. 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. 2 ARRIVALS BY SEA 2008 - 2017 OPENMIGRATIONS
  3. 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. 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. 5. CHALLENGES FOR THE DEFENCE IN THE REFUGEE CRISIS
  6. 6. 6 FEB, 2015
  7. 7. 7
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  10. 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. 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. 12. t @canestrinilex f canestrinilex www.canestriniLex.com

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