The government has denied claims by ex-official Neville Gafà that he coordinated the pushback of 51 migrants to Tripoli on Easter night on its behalf.

Gafà said under oath that he was following the instructions of the Office of the Prime Minister.

It is a crime under international law for states to return asylum seekers to a country where they are likely to face persecution.

However, in comments to Times of Malta on Thursday evening, a spokesperson said that with reference to the rescue operation carried at sea by the Maltese authorities on April 15, the government "denies that Mr Neville Gafà coordinated this rescue on its behalf, as incorrectly alleged in these reports".

"While the government was conducting discussions with official Libyan authorities, it was noted that Gafà had publicly ascertained in the past that he had established contacts in Libya.

"He was thus asked to approach his contacts in the Libyan Government. This in the particular context of Malta’s public health emergency due to Covid-19," he said.

'Disproportionate burden'

The spokesperson did not confirm or deny whether the government had facilitated the fishing vessel Mae Yemenja, owned by Maltease sea captain Carmelo Grech, to return the rescued migrants to Libya. 

The spokesperson added that the government "was and remains committed" in taking the necessary actions to coordinate the saving of lives at sea, while "remaining steadfast" in protecting the health, well-being and safety of its people, in line with the directives issued by the Superintendent of Public Health.

As the smallest EU nation, Malta kept facing a "disproportionate burden", alone, it said.

"While always doing its part on the humanitarian front, Malta expects the principle of solidarity to be put into action," the spokesperson said.

The statement came within hours of the latest development in the migration crisis, as Malta chartered a tourist vessel to house migrants rescued at sea.

It is understood the Captain Morgan boat, Europa II, will be moored 13 nautical miles outside of Malta.

Earlier, the European Commission 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 duty to render assistance to people or vessels in distress at sea was an obligation under international law, spokesperson for migration, Adalbert Jahnz said during a press conference.

We expect members to respect their obligations under international law and ensure the safety of people.

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