After four years of litigation: Sea-Eye wins another case against Italy

ALAN KURDI

On October 17th, 2024, the Italian Supreme Administrative Court (‘Consiglio dello Stato’) ruled that the detention order issued by the Port Authority of Olbia against Sea-Eye’s former ship ALAN KURDI in 2020 was unlawful. Sea-Eye e.V. announced hat it would sue for financial damages.

The ALAN KURDI, a former Sea-Eye rescue vessel, was detained in the port of Olbia on October 9th 2020 after authorities found alleged deficiencies during an eight-hour port state control. Spanish and German authorities had previously certified the German-flagged vessel as operational after several weeks in the shipyard. Sea-Eye’s appeal against this decision has now been successful in the second instance.

The judge ruled that only the requirements of the flag state applied to the vessel. The port state, in this case Italy, can only intervene in exceptional cases (e.g. in the event of danger to life and the environment). This has never been the case. The deficiencies found during the inspection did not contradict the safety and classification certificates issued by the German flag state. He also acknowledged the emergency situation created by the rescue of 133 people in distress at sea.

“The Olbia ruling is an important victory for Sea-Eye – and yet it feels like a bitter defeat. The harassment of the ALAN KURDI by the Italian authorities forced us to abandon this vessel, which was so important to us. The ruling now proves that the Italian authorities have been abusing state powers for years to take action against civil sea rescue. We will sue the responsible ministry for financial damages and continue to fight Italy’s repressive policies at sea and in the courts,” says Gorden Isler, Chairman of Sea-Eye e.V.

The ALAN KURDI embarked on its first mission in 2018, becoming the first German-flagged civilian rescue vessel in the Mediterranean. With this ship, Sea-Eye carried out a total of twelve missions in the Mediterranean and saved the lives of 927 people. More than 240 people volunteered on board. Several detentions forced Sea-Eye to give up the ship in 2021.

Sea-Eye has already filed several lawsuits against unlawful detentions – with success: in June, the court in Reggio Calabria declared a 60-day detention of the SEA-EYE 4 from March 2024 to be unlawful. However, judgements are often delayed by several years: there are currently five other cases pending. The court cases involve high costs and additional work for the registered association.

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People forced overboard: SEA-EYE 4 rescues 22 people after life-threatening manoeuvre

Rescue_SEA-EYE 4

The civilian sea rescue organisation condemns the behaviour on the high seas that put people’s lives at risk.

At around 4:30 pm last Sunday, the crew of the SEA-EYE 4 witnessed a crime in the central Mediterranean: masked individuals forced 22 people to jump from a moving boat in international waters and then left them unprotected. Sea-Eye rescue teams responded immediately and managed to get all 22 people out of the water in just 14 minutes.

“Our crew witnessed an unprecedented level of brutality. EU member states must not allow international waters to become a lawless zone. Those responsible must be investigated and held to account,” said Gorden Isler, Chairman of Sea-Eye e.V.

“It is distressing and extremely upsetting to see people stranded in open water, facing imminent death by drowning! We are happy that our crew managed to get all 22 people out of the water alive in this extremely dangerous situation. An initial medical assessment showed that all those rescued were traumatised and exhausted, but apart from a few cases of respiratory and skin infections, they were at least physically stable and in relatively good condition. It was only thanks to the quick action of our entire crew that a major tragedy was prevented,” said Dr Daniela Klein, the German Doctor on duty on the SEA-EYE 4.

The Italian authorities have designated Bari as a port of safety for the SEA-EYE 4. The ship is expected to arrive there on Thursday to bring the rescued people safely ashore.

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Rescue ship SEA-EYE 4 returns to action

SEA-EYE 4

Sea-Eye e.V., a Regensburg-based sea rescue organisation, has appealed to the German government, at the start of the latest Sea-Eye 4 mission, to place human rights and humanitarian obligations at the centre of all political considerations, even in politically polarised times.

The rescue ship SEA-EYE 4 left the port of Burriana on Monday the 7th of October, for a new mission in the central Mediterranean. The vessel has recently been undergoing scheduled maintenance in the Spanish port.

“At a time when the political debate is marked by increasingly harsh rhetoric and a rush to tighten asylum laws, our humanitarian commitment is all the more urgent. The government and opposition parties are losing themselves in a polarising race to the bottom, putting the fundamental rights of people seeking protection at risk. We must never forget that people’s lives and dignity are at stake. We urge European governments, and the German government in particular, to place human rights and the humanitarian obligations that flow from them at the centre of all policy considerations, rather than promoting isolation and exclusion,” states Gorden Isler, Chairman of Sea-Eye e.V.

German Doctors e.V. is supporting the crew of the SEA-EYE 4 with medical staff. Chairman of German Doctors e.V.. Dr. Harald Kischlat adds:

“The situation at Europe’s external and internal borders is getting worse. Europe, and now its member states, are sealing themselves off more than ever. At the same time, the situation on the most dangerous refugee route across the Mediterranean is increasingly being overlooked, even though there have been far too many deaths in 2024. We will therefore continue our efforts to ensure the survival of all those rescued – including numerous families, elderly people, pregnant women and children – by German Doctors together with the medical staff of the SEA-EYE 4. We would like to thank all the doctors and crew members who have often had to go beyond their limits on the three rescue missions so far in 2024. We wish our on-board physician Dr. Daniela Klein and the crew all the best for the last mission of the SEA-EYE 4 this year.”

The SEA-EYE 4 is expected to reach the search and rescue zone by the end of the week.

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Preventing a repressive EU-directive

SEA-EYE 4

15 organisations call for an end to the criminalisation of flight and humanitarian aid

Together with 14 other organizations – including Amnesty International, Doctors Without Borders and the German Refugee Councils – Sea-Eye is calling on the German government to finally put an end to the criminalization of forced migration. Shortly before the negotiations on the EU directive on the so-called facilitation of illegal entry as of October 2024, the appeal calls for the effective protection of migrants instead of fueling human trafficking.

Amidst an increasing erosion of the rule of law and human rights principles, the 15 civil society organizations are calling on the German government to advocate for an end to the criminalization of migrants and human rights defenders in the legislative process to revise the EU directive.

The appeal contains concrete demands, including:

  • The provision of legal certainty through a clear definition of so-called facilitation of illegal entry,
  • The decriminalization of people seeking protection and their families,
  • The implementation of a comprehensive exemption for humanitarian aid.

Instead of preventing human trafficking, the EU directive has so far been used in member states as an instrument to criminalize both migrants and their supporters. According to a study by the organization borderline-europe, people who allegedly steered their own boats are sentenced to an average of 46 years in prison in Greece. On average, proceedings last only 37 minutes, and only 17 minutes in proceedings with mandatory state lawyers. The current draft of the EU Commission repeats this misguided policy, which has been proven to fail time and time again: Only safe passages can end the dying at the external borders.

The open letter with the signatory organizations can be found here.

Further information on the EU directive and the upcoming negotiation process can be found here.

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What remains: Four years after Moria

Refugee Camp Moria

On September 8th 2020, Europe’s largest refugee camp burned to the ground. Moria was already known for its overcrowded and disastrous conditions. Four years after the disaster, Sea-Eye is calling for real solutions and an asylum policy based on solidarity.

When the Moria refugee camp on Lesbos went up in flames four years ago, almost 13,000 people were left homeless in one fell swoop. The disaster was followed by widespread horror at the conditions in the overcrowded camp: ‘No more Morias’ was the EU’s message at the time.

But ‘many more Morias’ have now been decided. This year, with the passing of the Common European Asylum System (CEAS), the EU has enshrined in law what the camp stood for: The deprivation of rights and dehumanisation of people seeking protection – with the aim of deterrence. Moria may have burned down, but the underlying principle of exclusion and isolation continues to burn. The EU is fighting the flames with fire – fuelled by the far right.

We demand: Real solutions must finally emerge from the ashes of Moria – an asylum policy based on human rights and real solidarity! A Europe that does not cram children into segregated detention centres at its external borders. A Europe that does not pay authoritarian regimes to prevent people from fleeing Libyan refugee camps. A Europe that does not send people back to the open sea, to Turkey, Tunisia or Libya – and leave them to their fate in Libyan torture camps. This is what we stand for as part of European civil society!

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Interview with Sandra Hüller: “I don’t want to be in the public eye and then keep quiet about things that aren’t right”

Sandra Hüller

On July 22, the Oscar-nominated actress named our new all-weather lifeboat, the SEA-EYE 5. We caught up with her after the official ceremony to find out why she is so passionate about civil sea rescue and what she would like to see from politicians.

One thing is for sure: you are a great patron of the SEA-EYE 5. What motivated you personally to take on this role?

I have known a member of Sea-Eye for many years. We had lost touch, and he asked me, through my agency, if I would be willing to help raise awareness for the organisation and the ship. It was no question for me – I knew I wanted to be involved. The only thing we had to do was find a date and place for the ceremony that would suit everyone.

How do you see the role of artists and celebrities in raising awareness of issues such as civil sea rescue?

I can’t speak for others, of course. I think everyone has to decide for themselves how much they want to use their publicity or their position to speak out about the issues they feel strongly about. For me, it would feel strange to be in the public eye and then remain silent about things that are simply not right. That’s why this project is so important to me.

Your calendar is full. Where do you find the energy to also campaign against right-wing extremism or the deaths in the Mediterranean?

My busy schedule is nowhere near comparable to the problems of people affected by right-wing violence or struggling to survive in the Mediterranean. That’s why it’s natural for me to stand up for them.

What changes would you like to see for people fleeing across the Mediterranean?

I hope that European governments will recognise that the refugee movements are also caused by Europe. That they act accordingly, that they take responsibility – and that these refugee movements are seen for what they are, and not as a luxury problem of people who supposedly want more and more. These false attributions, which exist in some parts of the press, must stop. I would like people to take a closer look at this, for example: What causes people to flee?   Politicians know the answers, and why they don’t act on them is a mystery to me. But I would like the causes of flight to be tackled at long last.

To ensure that the SEA-EYE 5 can save lives in the Mediterranean as soon as possible, we need many more people to get involved in addition to a patron. How can people help to send the SEA-EYE 5 into operation?

There is a fundraising project for the SEA-EYE 5: anyone can become one of 3,000 ship sponsors and make a monthly contribution to get this ship ready for operation. By the way: I’ve already filled out the form on the website myself – I’m already a sponsor of the ship!

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10 years of civil sea rescue: Sea-Eye calls for government solutions to the humanitarian crisis in the Mediterranean

Rescue Operation

On August 25th 2014, the Migrant Offshore Aid Station (MOAS) was the first civil sea rescue organisation to respond to the high number of shipwrecks and deaths in the Mediterranean with a rescue operation.

On the tenth anniversary of civilian sea rescue in the central Mediterranean, Sea-Eye is calling on the European Union to assume its responsibilities and establish a comprehensive state sea rescue system. In the same year that MOAS began its mission, the Italian maritime operation Mare Nostrum also stopped its work. Since then, there is no state organised sea rescue in the Mediterranean. Instead, Operation Triton, led by the EU border agency Frontex, was launched, focusing on border security rather than rescuing people in need of protection. Over the past decade, several private organisations have saved many lives – but the humanitarian crisis remains unresolved.

“Over the past ten years, civilian sea rescue organisations have taken over the responsibility generally held by EU member states. Much has changed politically in that time, but the humanitarian situation in the Mediterranean remains dire. Instead of relying on state-organised sea rescues, Europe continues its isolation policy. Laws against civilian sea rescue organisations have been created in Italy and, worst of all, thousands of people are still dying every year in search of asylum and protection”, says Gorden Isler, Chairman of Sea-Eye e. V. “The EU Member States must stop criminalising our work and finally create a European state sea rescue organisation with a clear mission to save as many lives as possible in the Mediterranean!”

Sea-Eye was established in the autumn of 2015, and began its first rescue missions the following spring. Despite the commitment of civilian sea rescue organisations, the Mediterranean Sea is considered the most dangerous escape route in the world. According to the International Organisation for Migration’s (IOM) Missing Migrants Project, more than 30,000 people have disappeared or died in the Mediterranean since 2014. The number of unreported cases is likely to be much higher.

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Number of people missing in the Mediterranean has risen to over 30,000

Wooden Boat

According to the International Organisation for Migration (IOM), more than 30,000 people have gone missing in the Mediterranean since 2014. Sea-Eye calls on the EU to take responsibility.

The number of people missing in the Mediterranean has now passed the 30,000 mark, according to the IOM’s Missing Migrants Project. Statistics show that almost 80 % of the missing are from the central Mediterranean. The most common cause of death is drowning. Many of the victims are children. In 2024 alone, more than 1,000 people went missing on the deadliest escape route.

“Instead of taking action against aid organisations, the European Union and its member states must finally face up to their responsibilities in the Mediterranean. At the moment, instead of tackling the causes of flight and ensuring safe escape routes, they are making our humanitarian work even more difficult: through detentions, the allocation of distant ports or stricter conditions for civilian rescue vessels. Court rulings such as the one in Reggio Calabria clearly show that the measures taken against our operations are an abuse of state power. The EU is now responsible for over 30,000 deaths in the Mediterranean. We finally need to move away from this brutal European border regime towards a migration policy based on human rights,” demands Gorden Isler, Chairman of Sea-Eye.

Between June 2023 and June 2024 alone, the SEA-EYE 4 was detained in Italy for a total of 120 days. The Regensburg-based organisation has already filed several lawsuits against the unlawful detention. On June 5th, the court in Reggio Calabria upheld a complaint by Sea-Eye and declared the 60-day administrative detention of the SEA-EYE 4 in March 2024 to be unlawful.

In response to the ongoing crisis in the Mediterranean Sea, Sea-Eye e.V. is sending a former all-weather lifeboat to the Mediterranean this year. Oscar-nominated actress Sandra Hüller christened the rescue ship, now named the SEA-EYE 5, on Monday.

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Sandra Hüller names rescue ship SEA-EYE 5

Schiffstaufe SEA-EYE 5

The ship will set sail on its first life-saving mission in the Mediterranean later this year

On July 22th, Oscar-nominated actress Sandra Hüller together with Omorogbe Peter Obamwonyi, Maritime Crew Manager at Sea-Eye, named the all-weather lifeboat SEA-EYE 5 at a ceremony in the harbour of the Italian city of Ancona. The vessel operated under the name NIS RANDERS for the German Maritime Search and Rescue Service (DGzRS) until 2020. As the civilian rescue ship SEA-EYE 5, it will come to the aid of people in distress at sea on the world’s deadliest escape route. Since 2014, almost 30,000 refugees have died in the Mediterranean.

“I wish this ship did not have to exist. I wish the governments of Europe and the world would finally realise that migration does not stop when they allow death on the migration routes. It will stop when they take responsibility for the suffering of people who leave their homes, caused by the arrogance and ignorance of the rest of the world and politics. I wish this ship the most peaceful of seas and thank the crew for their unfortunately necessary work. Bless this ship and the people on it,” explained Sandra Hüller.

Sandra Hüller

Omorogbe Peter Obamwonyi added: “Despite all the successes of recent years and the many lives saved, the hurdles in civil sea rescue are growing with illegal detentions repeatedly keeping us in port. Now, with the additional rescue vessel SEA-EYE 5, we are confident that we have more power to do what we do best and are proud of doing – saving lives.”

Sandra Hüller und Omorogbe Peter Obamwonyi

The purchase price of around 465,000 euros was financed by a fundraising campaign organised by United4Rescue, a broad alliance in support of civilian sea rescue with over 900 partners initiated by the Evangelical Church in Germany (EKD). Sandra Bils, board member of United4Rescue, said in her speech:

“We are overwhelmed by how many people have donated to the all-weather lifeboat in such a short space of time. The willingness to donate shows: We will not turn a blind eye when European countries allow people in need of protection to drown in the Mediterranean. Together we are taking a stand against the deadly isolationist policies and sending the SEA-EYE 5 as the fourth Alliance ship to the Mediterranean!”

Sandra Bils

A sickbay will be set up on board to treat medical emergencies. Its equipment and operation will be made possible by Sea-Eye’s long-standing partner organisation German Doctors. Managing Director Dr Christine Winkelmann emphasised at the celebrations:

“For us, it is a human rights obligation to help people in need and provide them with medical care – whether on land or at sea. Our doctors continue to report immense suffering: traumatised people, hypothermic and dehydrated with various injuries. They have often been through the worst before they come on board the rescue ship. The conditions are unbearable. Through the voluntary work of experienced on-board doctors and the entire medical team, we are trying to make the right to medical care a reality, even in these adverse circumstances.”

Dr. Christine Winkelmann

SEA-EYE 5 was built in 1990 and belongs to the 23.3 meter class, a series of seven DGzRS lifeboats. Until 2018, it was stationed off Maasholm on the coast of Schleswig-Holstein and was operated by the DGzRS without a fixed base for a further two years. The all-weather lifeboat has been overhauled and modernised and will soon set off on its first mission in the Central Mediterranean.

In order to cover the annual budget of the SEA-EYE 5, Sea-Eye is currently looking for 3,000 monthly donors to ensure the operation of the all-weather lifeboat. The conversion of the ship, the first missions, and part of the long-term financing are secured by two long-term loans from GLS Bank and a crowd campaign from its cooperation partner, GLS Crowd.

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SEA-EYE 4 rescues 31 people – including mother and baby

Rettung SEA-EYE 4

After one of the rescue operations, the so-called Libyan coastguard repeatedly tried to intimidate the crew of the civilian rescue vessel

During three operations on July 16th and 17th, 2024, the SEA-EYE 4 rescued a total of 31 people from distress at sea: At around five in the morning on Tuesday, the rescue ship’s crew spotted and evacuated three people in a small wooden fishing boat, which had neither life-saving equipment nor modern navigation equipment. While waiting for instructions from the Italian authorities, the crew spotted another wooden boat in distress around midday and rescued 20 people, including a mother and her baby. The following day, early in the afternoon, the SEA-EYE 4 responded to a distress call from an aircraft that had spotted a fibreglass boat with eight people in distress and also brought them to safety.

“Some of those rescued are in poor health, and a few are in critical condition. These people need medical attention as soon as possible. It is an imposition on them that we have again been assigned such a distant port,” says Ayesha Sattar, on-board doctor on the SEA-EYE 4 for German Doctors e.V.

Shortly after the second rescue on July 16th, the so-called Libyan coastguard arrived and tried to intimidate the crew of the SEA-EYE 4:

“After we had rescued the people, the so-called Libyan coastguard set fire to the empty boat and circled us twice with sirens blaring. They asked us to leave the area – even though they are not legally authorised to do so in international waters – and followed us for a long time. This is a clear intention to intimidate us and to cause more distress to people already in a vulnerable situation. These actions have nothing to do with assisting people in distress at sea”, says Julie Schweickert, head of mission on board the SEA-EYE 4, describing the situation.

The so-called Libyan Coast Guard intercepts refugees in the Mediterranean and returns them to civil war-torn Libya. It is funded in part by the European Union. UN experts have already accused the EU of aiding and abetting the crimes of the so-called Libyan coastguard.

The so-called Libyan coastguard repeatedly acts in an extremely aggressive and violent manner, which has already led to the death of people. In Libya, refugees are threatened with imprisonment in so-called detention camps, where they are subjected to serious human rights violations.

The Italian authorities have ordered the SEA-EYE 4 to disembark the survivors at the port of Ortona, in the province of Chieti. In doing so, the authorities are accepting that the SEA-EYE 4 will have to travel a long way and will be absent from the area of operation for days at a time when its rescue capabilities are urgently needed. The rescue vessel is expected to arrive in port on Saturday evening.

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