Palermo judges have ruled that Spain, not Italy, was the country responsible for offering a safe port to the Open Arms rescue ship carrying migrants in August 2019. This decision clears Italy’s former Interior Minister Matteo Salvini of criminal charges linked to blocking the ship from docking in Italy.
The judges said Spain should have taken responsibility for the migrant ship Open Arms, which carried around 100 people rescued at sea. The ship is Spanish, and the judges believe Spain had the legal duty to assign a port, not Italy. Because of this, Salvini was acquitted of charges of neglect of duty and kidnapping.
This decision followed a long trial that lasted over three years and was filled with political arguments. The prosecutor had asked for a six-year prison sentence for Salvini, who now serves as Italy’s Deputy Prime Minister and Minister of Transport.
Why was Salvini not guilty of refusing a port to Open Arms?
The court explained that Salvini had no legal responsibility to provide a port since the ship belonged to Spain. Therefore, all other arguments in the case were no longer needed. The judges made it clear that defending borders was not part of their ruling—only the legal duty of assigning a port was considered.
Salvini welcomed the decision, saying, “The judges confirmed that defending Italy is not a crime.” He also blamed the long and expensive trial on political hatred from the left and said Open Arms was wrong to insist on landing in Italy when there were other options.
Although Salvini’s defense never denied the responsibility of providing a port, the judges stated that Spain should have handled the situation. Spain’s coordination and rescue services were the first to make contact during the rescue operation. Additionally, Malta had rejected its responsibility and pointed to Spain as the sole country in charge, as the ship was flying a Spanish flag.
The court also rejected arguments that the migrants were in a state of emergency or that Open Arms itself could serve as a safe place. It stated that the time spent waiting to dock could be attributed to the need to arrange the distribution of migrants across European Union countries.
The court’s decision may spark more public debate, especially since Italy’s top court had ruled differently in another migrant ship case, involving the Diciotti vessel, where migrants were awarded compensation. Public prosecutors are still considering whether to appeal this new ruling after fully reviewing the court’s reasoning.