Day #2
Suspension of the proceeding
Monitoring Report
On this day, the judge ruled in favor of the defense’s arguments regarding procedural defects (see previous reports). He issued a 15-page decision finding that three Iuventa defendants and one NGO were not properly informed of the termination of the investigation phase and the date of the first preliminary hearing. As a result, the case of these four defendants has been split from the larger group and the prosecution will have to properly serve each of them with a notice of the termination of the investigation, allowing them to submit additional files or testimony into the investigation. In the meantime, the proceedings for the other 17 co-defendants will remain suspended. The hearings are expected to resume in autumn 2022.
Prosecution failed to respect basic standards for a fair trial
Court of Trapani (Sicily), 15.6.22: The trial against four crew members of the IUVENTA and 17 other defendants charged with “aiding and abetting unauthorised immigration” was suspended due to procedural errors by the prosecution. The judge rejected the prosecution’s claim that the procedural errors could be ignored. Instead, he followed the defence’s argument that the prosecution had failed to inform the defendants about crucial aspects of the proceedings, thus violating fundamental rights of the defendants. He therefore returned the case to the public prosecutor’s office to correct these errors. The reopening of the trial is expected in autumn.
After five years of investigation, the prosecution has had enough time to conduct due process and it would not be appropriate to rush the proceedings now, argues defence attorney Francesca Cancellaro.
“If the cost of a faster trial will be a sacrifice of the defendants’ rights, then this is not fair. Respect of our clients’ rights, and the innocence of the crimes of which they are accused, are two parts of the same issue.”
Ensuring proper notice to defendants of the charges against them and the dates of court hearings pertaining to these charges are a pillar of fair trial rights and the rule of law. While financially and socially privileged defendants may be able to rely on their lawyers to relay such crucial information, many defendants do not have such privilege, nor should they need it.
We welcome the judge’s decision to ensure a proper procedure. The prosecution’s indictment as well as the evidence against us is poor and constructed. Yet it makes me angry that this investigation has taken more than five years already, while justice is continuously delayed and remains denied.
The IUVENTA crew condemns the ongoing prosecution and insists that the charges against them should have been dropped long ago. If convicted, the accused face up to 20 years in prison. Amnesty International, ECCHR and the UN Special Rapport on the situation of human rights defender, Mary Lawlor also call for the immediate termination of the proceedings.