Italian Courts Order €76,000 Compensation To Sea-Watch And Release Of Detained Vessel

A civil court in Palermo ruled that the 2019 detention of Sea-Watch 3 was unlawful and ordered the Italian state to reimburse €76,000.

The amount covers documented expenses, including port fees, fuel and legal costs incurred during the detention period.

In June 2019, the vessel Sea-Watch 3, commanded by German captain Carola Rackete, rescued 42 migrants off the coast of Libya and sailed to Lampedusa, the nearest safe port for disembarkation.

At the time, then interior minister Matteo Salvini had ordered the port closed to the vessel. Law enforcement boats attempted to block entry as the ship entered harbour.

The vessel made contact with a Guardia di Finanza patrol boat. No injuries were reported.

Captain Rackete was arrested and criminally charged. The vessel remained detained until December 2019.

The charges were later dismissed on the basis that she had acted to fulfil the duty to rescue persons in distress at sea.

After a long-running civil trial, the Palermo court concluded that the state’s detention of the vessel was unlawful and required compensation.

Italian media reported that Prime Minister Giorgia Meloni stated that the decision left her speechless and accused the judiciary of undermining efforts to curb irregular migration.

Piergiorgio Morosini, president of the Palermo court, stated that the ruling followed a thorough review of evidence and cross-examination of the parties involved.

Within hours of the Palermo ruling, a court in Catania annulled a 15-day detention order and related fine imposed on Sea-Watch 5. The vessel had been detained after rescuing 18 people in late January.

Authorities had alleged that the ship failed to communicate its position to Libyan authorities, as required under current Italian migration rules.

The court dissolved both the detention order and the associated fine, clearing the vessel to resume Mediterranean search and rescue operations.

Both cases are linked to a dispute over Italy’s 2023 migration decree, which tightened restrictions on NGO-operated rescue vessels.

The decree empowers authorities to detain ships and impose fines for non-compliance, including a requirement that vessels conduct only one rescue operation before proceeding directly to an assigned Italian port.

The maritime rights organisation Human Rights at Sea has previously stated that such measures would reduce rescue capacity in the central Mediterranean and increase risk along one of the world’s deadliest migration routes.

The alliance Justice Fleet has documented multiple court rulings overturning detention measures against NGO vessels. These include:

7 February 2025: The Civil Court of Rome declared unlawful the 20-day detention of Sea-Watch 5 in Civitavecchia and a fine of up to €10,000.

4 August 2025: An Italian court lifted the 18-day detention of the rescue ship Aurora, stating that the captain’s actions were consistent with the Italian Constitution, the European Convention on Human Rights and international maritime law.

8 October 2025: The Civil Court of Trapani annulled the detention of Mediterranea, describing the fine as disproportionate and recognising that the crew had headed to a closer port for humanitarian reasons.

Justice Fleet has stated that Italian courts have repeatedly overturned sanctions imposed on NGO rescue ships following appeals.

References: lapresse, infomigrants

Source: Maritime Shipping News