The Office of the Prime Minister has remained silent over claims that it ordered the pushback of 51 migrants to Tripoli on Easter night.

Government official Neville Gafà has said under oath that he had co-ordinated the return of migrants to Libya on the instructions of the OPM.

He said he was asked to assist through direct coordination with the Libyan Home Affairs ministry and the Libyan Coast Guard.  

Neither Prime Minister Robert Abela, Home Affairs Minister Byrone Camilleri or Foreign Affairs Minister Evarist Bartolo have replied to questions sent by Times of Malta asking whether the claims are true. 

However, questioned during an unrelated news conference, Economy Minister Silvio Schembri said cabinet had not decided on a pushback but to dedicate all the country's resources to fight the pandemic.

“I’m not the person to ask specific details to. On a more general note, I will say that as country and as a cabinet we never decided on that line. 

“The decision was to dedicate all the necessary resources towards fighting the pandemic. These are extraordinary circumstances and all forces of law and order are fighting the pandemic. So far, that fight has been a success because we’ve worked together to tackle it. Although we have always done our duty, at this particular moment in time we have decided to dedicate all our resources to fight this pandemic.”

The Mae Yemenja, wned by Maltese sea captain Carmelo Grech, brought the migrants to Libya. Photo: Manuel Delia

In a statement, the Nationalist party called on Abela "to publicly confirm or deny" Gafà's claims. Abela cannot continue hiding behind Gafa, the party said in a statement.

"If what Neville Gafà stated is true, his and Prime Minister Robert Abela's actions amount to an immoral violation of International Law that our country is obliged to observe," it said.

EU Commission 'aware' of reports

The European Commission said on Thursday that it cannot react to the allegations because the investigation is ongoing.

Spokesperson for migration, Adalbert Jahnz, confirmed at a press conference that the commission was aware of reports about the incident. 

Asked for a reaction and what consequences would Malta face under EU law, Jahnz said: “we regret all loss of life in the Mediterranean. Nobody should lose their life trying to seek safety or refuge."

The duty to render assistance to people or vessels in distress at sea was an obligation under international law, he said. We expect members to respect their obligations under international law and ensure the safety of people, Jahnz added. 

The Italian newspaper Avvenire has identified migrants who were "left to drown" before the boat they were in the central Mediterranean was taken back to Libya a few days after Easter.

“We are not in a position to comment on an ongoing national investigation. Moreover, since coordination of search-and-rescue operations is outside of the commission’s remit, we cannot provide a legal analysis of the situation in this specific case.”

Jahnz called on member states to work together in the spirit of solidarity to ensure continuity of search and rescue activities and to find solutions for disembarkation. 

The commission, he added, stood ready to coordinate relocation once embarkation took place. 

Pressed to indicate which EU law applied to scenarios similar to the Maltese case, where migrants in Malta’s territorial waters were pushed back, Jahnz said EU law did not apply to high seas, but territorial waters. 

EU law did not regulate SAR operations apart from those specifically carried out by Frontex. Territorial waters, he clarified, were smaller than SAR regions.