Authored by Thomas Brooke via Remix news,
The Italian government has been ordered to compensate a group of migrants who were prevented from disembarking from the Diciotti ship in August 2018, following the directive of then-Interior Minister Matteo Salvini.
The decision was handed down by the Court of Cassation on Friday, which ruled that the government is liable for damages caused by the deprivation of freedom suffered by the migrants. The court referred the case back to the lower court to determine the amount of compensation.
Salvini had been investigated by the Palermo Court for alleged kidnapping in connection with the prolonged detention of migrants aboard the Italian coast guard vessel. The case was transferred to Catania for territorial jurisdiction, where prosecutors dismissed the charges. However, the Court of Ministers overruled this decision and sought Senate authorization to prosecute Salvini, which was ultimately thrown out in December last year.
The judges in their ruling emphasized that the refusal to allow migrants to disembark for 10 days could not be considered a political act beyond judicial review. Instead, they classified it as an administrative action subject to legal scrutiny under both national and international law.
Prime Minister Giorgia Meloni criticized the ruling, arguing that it established a “highly questionable principle of compensation” by presuming damage without concrete proof. She expressed frustration that taxpayer money would be used to compensate individuals who had attempted to enter Italy illegally. Meloni stated that such decisions alienate citizens from institutions, particularly when government resources are already limited.
“As a result of this decision, the government will have to compensate — with the money of honest Italian citizens who pay taxes — people who have attempted to enter Italy illegally, that is, by violating the law of the Italian state,” Meloni said in a post on X.
“I don’t think these are the decisions that citizens bring together the institutions, and I confess that having to spend money for this, when we do not have enough resources to do everything that would be right to do, is very frustrating,” she added.
Deputy Prime Minister Antonio Tajani also opposed the ruling, stating that it undermines the government’s duty to defend national borders. He warned that if all irregular migrants sought similar compensation, it could significantly impact state finances.
Andrea Crippa, deputy secretary of Salvini’s co-governing Lega party, described the decision as “stunning” and insisted that Salvini had committed no crime. Crippa further suggested that left-wing judges should be held accountable instead of the general public.
The Diciotti ship was carrying 190 migrants rescued at sea. Under Salvini’s leadership in the Conte I government, the Italian interior ministry initially refused to grant immediate permission to disembark. However, 29 minors were ultimately allowed to land, followed by another 17 individuals for health reasons. Four women were also given permission but chose to remain on board.
The government eventually allowed the remaining migrants to disembark only after securing agreements for their redistribution across other European countries and Vatican-owned facilities. The decision aligned with the government’s hardline approach to curbing irregular migration and pressuring other EU nations to share the burden of the ongoing migrant crisis on Italy’s southern border.
The Italian judiciary and the current conservative government have long been at war over court rulings in relation to illegal immigration, with Salvini previously accusing certain judges of obstructing law enforcement.
Following his acquittal late last year, the Lega leader and deputy prime minister declared that Italy is “not a safe country anymore” due to what he referred to as “Communist judges” failing to implement the law.
“But we are not giving up!” he declared.
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