Ocean Viking informs LYJRCC by email, with ITMRCC, MTJRCC and EUNAVFOR Med in CC, that it cannot proceed to disembarkation in Tripoli due to Libyan ports not conforming to the definition of places of safety.
Dear Sir, We acknowledge receipt of your request to proceed to Libya to disembark the 85 survivors of the SAR Case of Ocean Viking on the 9th of August. As you know, under the International Convention on maritime search and rescue to which Libya is a state party, a rescue is only considered as completed once rescued people have been disembarked in a place of safety (As define in the Annex to the 1979 SAR Convention, paragraph 1.3.2 and in the International Maritime Organization 2004 Rescue Guidelines). It is within this framework that the European Commission and United Nations High Commissioner for Refugees issued clear positions stating that currently Libya does not meet the criteria for being designated as a place of safety for the purpose of disembarkation following rescue at sea (https://www.refworld.org/docid/5b8d02314.html. I understand that among the survivors on board there are people, including women, children and unaccompanied minors, who say that if returned to Libya, they would be in danger of being subjected to severe abuses. In light of this clear guidance and international law provisions, we are not in a position to head towards a Libyan port which cannot be considered as a place of safety for rescued people. I respectfully request that as the JRCC coordinating, that you please provide with the indication of a Place of Safety, which fulfils all requirements under all applicable international laws, where the survivors can be safely and promptly disembarked. Please acknowledge receipt of this message”