Friends of the Traffickers Italy’s Anti-Mafia Directorate and the “Dirty Campaign” to Criminalize Migration
Afana Dieudonne often says that he is not a superhero. That’s Dieudonne’s way of saying he’s done things he’s not proud of — just like anyone in his situation would, he says, in order to survive. From his home in Cameroon to Tunisia by air, then by car and foot into the desert, across the border into Libya, and onto a rubber boat in the middle of the Mediterranean Sea, Dieudonne has done a lot of surviving.
In Libya, Dieudonne remembers when the smugglers managing the safe house would ask him for favors. Dieudonne spoke a little English and didn’t want trouble. He said the smugglers were often high and always armed. Sometimes, when asked, Dieudonne would distribute food and water among the other migrants. Other times, he would inform on those who didn’t follow orders. He remembers the traffickers forcing him to inflict violence on his peers. It was either them or him, he reasoned.
On September 30, 2014, the smugglers pushed Dieudonne and 91 others out to sea aboard a rubber boat. Buzzing through the pitch-black night, the group watched lights on the Libyan coast fade into darkness. After a day at sea, the overcrowded dinghy began taking on water. Its passengers were rescued by an NGO vessel and transferred to an Italian coast guard ship, where officers picked Dieudonne out of a crowd and led him into a room for questioning.
At first, Dieudonne remembers the questioning to be quick, almost routine. His name, his age, his nationality. And then the questions turned: The officers said they wanted to know how the trafficking worked in Libya so they could arrest the people involved. They wanted to know who had driven the rubber boat and who had held the navigation compass.
“So I explained everything to them, and I also showed who the ‘captain’ was — captain in quotes, because there is no captain,” said Dieudonne. The real traffickers stay in Libya, he added. “Even those who find themselves to be captains, they don’t do it by choice.”
For the smugglers, Dieudonne explained, “we are the customers, and we are the goods.”
For years, efforts by the Italian government and the European Union to address migration in the central Mediterranean have focused on the people in Libya — interchangeably called facilitators, smugglers, traffickers, or militia members, depending on which agency you’re speaking to — whose livelihoods come from helping others cross irregularly into Europe. People pay them a fare to organize a journey so dangerous it has taken tens of thousands of lives.
The European effort to dismantle these smuggling networks has been driven by an unlikely actor: the Italian anti-mafia and anti-terrorism directorate, a niche police office in Rome that gained respect in the 1990s and early 2000s for dismantling large parts of the Mafia in Sicily and elsewhere in Italy. According to previously unpublished internal documents, the office — called the Direzione nazionale antimafia e antiterrorismo, or DNAA, in Italian — took a front-and-center role in the management of Europe’s southern sea borders, in direct coordination with the EU border agency Frontex and European military missions operating off the Libyan coast.
In 2013, under the leadership of a longtime anti-mafia prosecutor named Franco Roberti, the directorate pioneered a strategy that was unique — or at least new for the border officers involved. They would start handling irregular migration to Europe like they had handled the mob. The approach would allow Italian and European police, coast guard agencies, and navies, obliged by international law to rescue stranded refugees at sea, to at least get some arrests and convictions along the way.
The idea was to arrest low-level operators and use coercion and plea deals to get them to flip on their superiors. That way, the reasoning went, police investigators could work their way up the food chain and eventually dismantle the smuggling rings in Libya. With every boat that disembarked in Italy, police would make a handful of arrests. Anybody found to have played an active role during the crossing, from piloting to holding a compass to distributing water or bailing out a leak, could be arrested under a new legal directive written by Roberti’s anti-mafia directorate. Charges ranged from simple smuggling to transnational criminal conspiracy and — if people asphyxiated below deck or drowned when a boat capsized — even murder. Judicial sources estimate the number of people arrested since 2013 to be in the thousands.
For the police, prosecutors, and politicians involved, the arrests were an important domestic political win. At the time, public opinion in Italy was turning against migration, and the mugshots of alleged smugglers regularly held space on front pages throughout the country.
But according to the minutes of closed-door conversations among some of the very same actors directing these cases, which were obtained by The Intercept under Italy’s freedom of information law, most anti-mafia prosecutions only focused on low-level boat drivers, often migrants who had themselves paid for the trip across. Few, if any, smuggling bosses were ever convicted. Documents of over a dozen trials reviewed by The Intercept show prosecutions built on hasty investigations and coercive interrogations.
In the years that followed, the anti-mafia directorate went to great lengths to keep the arrests coming. According to the internal documents, the office coordinated a series of criminal investigations into the civilian rescue NGOs working to save lives in the Mediterranean, accusing them of hampering police work. It also oversaw efforts to create and train a new coast guard in Libya, with full knowledge that some coast guard officers were colluding with the same smuggling networks that Italian and European leaders were supposed to be fighting.
Since its inception, the anti-mafia directorate has wielded unparalleled investigative tools and served as a bridge between politicians and the courts. The documents reveal in meticulous detail how the agency, alongside Italian and European officials, capitalized on those powers to crack down on alleged smugglers, most of whom they knew to be desperate people fleeing poverty and violence with limited resources to defend themselves in court.
Tragedy and Opportunity
The anti-mafia directorate was born in the early 1990s after a decade of escalating Mafia violence. By then, hundreds of prosecutors, politicians, journalists, and police officers had been shot, blown up, or kidnapped, and many more extorted by organized crime families operating in Italy and beyond.
In Palermo, the Sicilian capital, prosecutor Giovanni Falcone was a rising star in the Italian judiciary. Falcone had won unprecedented success with an approach to organized crime based on tracking financial flows, seizing assets, and centralizing evidence gathered by prosecutor’s offices across the island.
But as the Mafia expanded its reach into the rest of Europe, Falcone’s work proved insufficient.
In September 1990, a Mafia commando drove from Germany to Sicily to gun down a 37-year-old judge. Weeks later, at a police checkpoint in Naples, the Sicilian driver of a truck loaded with weapons, explosives, and drugs was found to be a resident of Germany. A month after the arrests, Falcone traveled to Germany to establish an information-sharing mechanism with authorities there. He brought along a younger colleague from Naples, Franco Roberti.
“We faced a stone wall,” recalled Roberti, still bitter three decades later. He spoke to us outside a cafe in a plum neighborhood in Naples. Seventy-three years old and speaking with the rasp of a lifelong smoker, Roberti described Italy’s Mafia problem in blunt language. He bemoaned a lack of international cooperation that, he said, continues to this day. “They claimed that there was no need to investigate there,” Roberti said, “that it was up to us to investigate Italians in Germany who were occasional mafiosi.”
As the prosecutors traveled back to Italy empty-handed, Roberti remembers Falcone telling him that they needed “a centralized national organ able to speak directly to foreign judicial authorities and coordinate investigations in Italy.”
“That is how the idea of the anti-mafia directorate was born,” Roberti said. The two began building what would become Italy’s first national anti-mafia force.
At the time, there was tough resistance to the project. Critics argued that Falcone and Roberti were creating “super-prosecutors” who would wield outsize powers over the courts, while also being subject to political pressures from the government in Rome. It was, they argued, a marriage of police and the judiciary, political interests and supposedly apolitical courts — convenient for getting Mafia convictions but dangerous for Italian democracy.
Still, in January 1992, the project was approved in Parliament. But Falcone would never get to lead it: Months later, a bomb set by the Mafia killed him, his wife, and the three agents escorting them. The attack put to rest any remaining criticism of Falcone’s plan.
The anti-mafia directorate went on to become one of Italy’s most important institutions, the national authority over all matters concerning organized crime and the agency responsible for partially freeing the country from its century-old crucible. In the decades after Falcone’s death, the directorate did what many in Italy thought impossible, dismantling large parts of the five main Italian crime families and almost halving the Mafia-related murder rate.
And yet, by the time Roberti took control in 2013, it had been years since the last high-profile Mafia prosecution, and the organization’s influence was waning. At the same time, Italy was facing unprecedented numbers of migrants arriving by boat. Roberti had an idea: The anti-mafia directorate would start working on what he saw as a different kind of mafia. The organization set its sights on Libya.
“We thought we had to do something more coordinated to combat this trafficking,” Roberti remembered, “so I put everyone around a table.”
“The main objective was to save lives, seize ships, and capture smugglers,” Roberti said. “Which we did.”https://theintercept.imgix.net/wp-uploads/sites/1/2021/04/GettyImages-493018062.jpg?auto=compress%2Cformat&q=90#.jpg
Dieudonne made it to the Libyan port city of Zuwara in August 2014. One more step across the Mediterranean, and he’d be in Europe. The smugglers he paid to get him across the sea took all of his possessions and put him in an abandoned building that served as a safe house to wait for his turn.
Dieudonne told his story from a small office in Bari, Italy, where he runs a cooperative that helps recent arrivals access local education. Dieudonne is fiery and charismatic. He is constantly moving: speaking, texting, calling, gesticulating. Every time he makes a point, he raps his knuckles on the table in a one-two pattern. Dieudonne insisted that we publish his real name. Others who made the journey more recently — still pending decisions on their residence permits or refugee status — were less willing to speak openly.
Dieudonne remembers the safe house in Zuwara as a string of constant violence. The smugglers would come once a day to leave food. Every day, they would ask who hadn’t followed their orders. Those inside the abandoned building knew they were less likely to be discovered by police or rival smugglers, but at the same time, they were not free to leave.
“They’ve put a guy in the refrigerator in front of all of us, to show how the next one who misbehaves will be treated,” Dieudonne remembered, indignant. He witnessed torture, shootings, rape. “The first time you see it, it hurts you. The second time it hurts you less. The third time,” he said with a shrug, “it becomes normal. Because that’s the only way to survive.”
“That’s why arresting the person who pilots a boat and treating them like a trafficker makes me laugh,” Dieudonne said. Others who have made the journey to Italy report having been forced to drive at gunpoint. “You only do it to be sure you don’t die there,” he said.
Two years after the fall of Muammar Gaddafi’s government, much of Libya’s northwest coast had become a staging ground for smugglers who organized sea crossings to Europe in large wooden fishing boats. When those ships — overcrowded, underpowered, and piloted by amateurs — inevitably capsized, the deaths were counted by the hundreds.
In October 2013, two shipwrecks off the coast of the Italian island of Lampedusa took over 400 lives, sparking public outcry across Europe. In response, the Italian state mobilized two plans, one public and the other private.
“There was a big shock when the Lampedusa tragedy happened,” remembered Italian Sen. Emma Bonino, then the country’s foreign minister. The prime minister “called an emergency meeting, and we decided to immediately launch this rescue program,” Bonino said. “Someone wanted to call the program ‘safe seas.’ I said no, not safe, because it’s sure we’ll have other tragedies. So let’s call it Mare Nostrum.”
Mare Nostrum — “our sea” in Latin — was a rescue mission in international waters off the coast of Libya that ran for one year and rescued more than 150,000 people. The operation also brought Italian ships, airplanes, and submarines closer than ever to Libyan shores. Roberti, just two months into his job as head of the anti-mafia directorate, saw an opportunity to extend the country’s judicial reach and inflict a lethal blow to smuggling rings in Libya.
Five days after the start of Mare Nostrum, Roberti launched the private plan: a series of coordination meetings among the highest echelons of the Italian police, navy, coast guard, and judiciary. Under Roberti, these meetings would run for four years and eventually involve representatives from Frontex, Europol, an EU military operation, and even Libya.
The minutes of five of these meetings, which were presented by Roberti in a committee of the Italian Parliament and obtained by The Intercept, give an unprecedented behind-the-scenes look at the events on Europe’s southern borders since the Lampedusa shipwrecks.
In the first meeting, held in October 2013, Roberti told participants that the anti-mafia offices in the Sicilian city of Catania had developed an innovative way to deal with migrant smuggling. By treating Libyan smugglers like they had treated the Italian Mafia, prosecutors could claim jurisdiction over international waters far beyond Italy’s borders. That, Roberti said, meant they could lawfully board and seize vessels on the high seas, conduct investigations there, and use the evidence in court.
The Italian authorities have long recognized that, per international maritime law, they are obligated to rescue people fleeing Libya on overcrowded boats and transport them to a place of safety. As the number of people attempting the crossing increased, many Italian prosecutors and coast guard officials came to believe that smugglers were relying on these rescues to make their business model work; therefore, the anti-mafia reasoning went, anyone who acted as crew or made a distress call on a boat carrying migrants could be considered complicit in Libyan trafficking and subject to Italian jurisdiction. This new approach drew heavily from legal doctrines developed in the United States during the 1980s aimed at stopping drug smuggling.
European leaders were scrambling to find a solution to what they saw as a looming migration crisis. Italian officials thought they had the answer and publicly justified their decisions as a way to prevent future drownings.
But according to the minutes of the 2013 anti-mafia meeting, the new strategy predated the Lampedusa shipwrecks by at least a week. Sicilian prosecutors had already written the plan to crack down on migration across the Mediterranean but lacked both the tools and public will to put it into action. Following the Lampedusa tragedy and the creation of Mare Nostrum, they suddenly had both.https://theintercept.imgix.net/wp-uploads/sites/1/2021/04/GettyImages-470781560.jpg?auto=compress%2Cformat&q=90#.jpg
State of Necessity
In the international waters off the coast of Libya, Dieudonne and 91 others were rescued by a European NGO called Migrant Offshore Aid Station. They spent two days aboard MOAS’s ship before being transferred to an Italian coast guard ship, Nave Dattilo, to be taken to Europe.
Aboard the Dattilo, coast guard officers asked Dieudonne why he had left his home in Cameroon. He remembers them showing him a photograph of the rubber boat taken from the air. “They asked me who was driving, the roles and everything,” he remembered. “Then they asked me if I could tell him how the trafficking in Libya works, and then, they said, they would give me residence documents.”
Dieudonne said that he was reluctant to cooperate at first. He didn’t want to accuse any of his peers, but he was also concerned that he could become a suspect. After all, he had helped the driver at points throughout the voyage.
“I thought that if I didn’t cooperate, they might hurt me,” Dieudonne said. “Not physically hurt, but they could consider me dishonest, like someone who was part of the trafficking.”
To this day, Dieudonne says he can’t understand why Italy would punish people for fleeing poverty and political violence in West Africa. He rattled off a list of events from the last year alone: draught, famine, corruption, armed gunmen, attacks on schools. “And you try to convict someone for managing to escape that situation?”
The coast guard ship disembarked in Vibo Valentia, a city in the Italian region of Calabria. During disembarkation, a local police officer explained to a journalist that they had arrested five people. The journalist asked how the police had identified the accused.
“A lot has been done by the coast guard, who picked [the migrants] up two days ago and managed to spot [the alleged smugglers],” the officer explained. “Then we have witness statements and videos.”
Cases like these, where arrests are made on the basis of photo or video evidence and statements by witnesses like Dieudonne, are common, said Gigi Modica, a judge in Sicily who has heard many immigration and asylum cases. “It’s usually the same story. They take three or four people, no more. They ask them two questions: who was driving the boat, and who was holding the compass,” Modica explained. “That’s it — they get the names and don’t care about the rest.”
Modica was one of the first judges in Italy to acquit people charged for driving rubber boats — known as “scafisti,” or boat drivers, in Italian — on the grounds that they had been forced to do so. These “state of necessity” rulings have since become increasingly common. Modica rattled off a list of irregularities he’s seen in such cases: systemic racism, witness statements that migrants later say they didn’t make, interrogations with no translator or lawyer, and in some cases, people who report being encouraged by police to sign documents renouncing their right to apply for asylum.
“So often these alleged smugglers — scafisti — are normal people who were compelled to pilot a boat by smugglers in Libya,” Modica said.
Documents of over a dozen trials reviewed by The Intercept show prosecutions largely built on testimony from migrants who are promised a residence permit in exchange for their collaboration. At sea, witnesses are interviewed by the police hours after their rescue, often still in a state of shock after surviving a shipwreck.
In many cases, identical statements, typos included, are attributed to several witnesses and copied and pasted across different police reports. Sometimes, these reports have been enough to secure decadeslong sentences. Other times, under cross-examination in court, witnesses have contradicted the statements recorded by police or denied giving any testimony at all.
As early as 2015, attendees of the anti-mafia meetings were discussing problems with these prosecutions. In a meeting that February, Giovanni Salvi, then the prosecutor of Catania, acknowledged that smugglers often abandoned migrant boats in international waters. Still, Italian police were steaming ahead with the prosecutions of those left on board.
These prosecutions were so important that in some cases, the Italian coast guard decided to delay rescue when boats were in distress in order to “allow for the arrival of institutional ships that can conduct arrests,” a coast guard commander explained at the meeting.
When asked about the commander’s comments, the Italian coast guard said that “on no occasion” has the agency ever delayed a rescue operation. Delaying rescue for any reason goes against international and Italian law, and according to various human rights lawyers in Europe, could give rise to criminal liability.https://theintercept.imgix.net/wp-uploads/sites/1/2021/04/GettyImages-898804090.jpg?auto=compress%2Cformat&q=90#.jpg
NGOs in the Crosshairs
Italy canceled Mare Nostrum after one year, citing budget constraints and a lack of European collaboration. In its wake, the EU set up two new operations, one via Frontex and the other a military effort called Operation Sophia. These operations focused not on humanitarian rescue but on border security and people smuggling from Libya. Beginning in 2015, representatives from Frontex and Operation Sophia were included in the anti-mafia directorate meetings, where Italian prosecutors ensured that both abided by the new investigative strategy.
Key to these investigations were photos from the rescues, like the aerial image that Dieudonne remembers the Italian coast guard showing him, which gave police another way to identify who piloted the boats and helped navigate.
In the absence of government rescue ships, a fleet of civilian NGO vessels began taking on a large number of rescues in the international waters off the coast of Libya. These ships, while coordinated by the Italian coast guard rescue center in Rome, made evidence-gathering difficult for prosecutors and judicial police. According to the anti-mafia meeting minutes, some NGOs, including MOAS, routinely gave photos to Italian police and Frontex. Others refused, arguing that providing evidence for investigations into the people they saved would undermine their efficacy and neutrality.
In the years following Mare Nostrum, the NGO fleet would come to account for more than one-third of all rescues in the central Mediterranean, according to estimates by Operation Sophia. A leaked status report from the operation noted that because NGOs did not collect information from rescued migrants for police, “information essential to enhance the understanding of the smuggling business model is not acquired.”
In a subsequent anti-mafia meeting, six prosecutors echoed this concern. NGO rescues meant that police couldn’t interview migrants at sea, they said, and cases were getting thrown out for lack of evidence. A coast guard admiral explained the importance of conducting interviews just after a rescue, when “a moment of empathy has been established.”
“It is not possible to carry out this task if the rescue intervention is carried out by ships of the NGOs,” the admiral told the group.
The NGOs were causing problems for the DNAA strategy. At the meetings, Italian prosecutors and representatives from the coast guard, navy, and Interior Ministry discussed what they could do to rein in the humanitarian organizations. At the same time, various prosecutors were separately fixing their investigative sights on the NGOs themselves.
In late 2016, an internal report from Frontex — later published in full by The Intercept — accused an NGO vessel of directly receiving migrants from Libyan smugglers, attributing the information to “Italian authorities.” The claim was contradicted by video evidence and the ship’s crew.
Months later, Carmelo Zuccaro, the prosecutor of Catania, made public that he was investigating rescue NGOs. “Together with Frontex and the navy, we are trying to monitor all these NGOs that have shown that they have great financial resources,” Zuccaro told an Italian newspaper. The claim went viral in Italian and European media. “Friends of the traffickers” and “migrant taxi service” became common slurs used toward humanitarian NGOs by anti-immigration politicians and the Italian far right.
Zuccaro would eventually walk back his claims, telling a parliamentary committee that he was working off a hypothesis at the time and had no evidence to back it up.
In an interview with a German newspaper in February 2017, the director of Frontex, Fabrice Leggeri, refrained from explicitly criticizing the work of rescue NGOs but did say they were hampering police investigations in the Mediterranean. As aid organizations assumed a larger percentage of rescues, Leggeri said, “it is becoming more difficult for the European security authorities to find out more about the smuggling networks through interviews with migrants.”
“That smear campaign was very, very deep,” remembered Bonino, the former foreign minister. Referring to Marco Minniti, Italy’s interior minister at the time, she added, “I was trying to push Minniti not to be so obsessed with people coming, but to make a policy of integration in Italy. But he only focused on Libya and smuggling and criminalizing NGOs with the help of prosecutors.”
Bonino explained that the action against NGOs was part of a larger plan to change European policy in the central Mediterranean. The first step was the shift away from humanitarian rescue and toward border security and smuggling. The second step “was blaming the NGOs or arresting them, a sort of dirty campaign against them,” she said. “The results of which after so many years have been no convictions, no penalties, no trials.”
Finally, the third step was to build a new coast guard in Libya to do what the Europeans couldn’t, per international law: intercept people at sea and bring them back to Libya, the country from which they had just fled.
At first, leaders at Frontex were cautious. “From Frontex’s point of view, we look at Libya with concern; there is no stable state there,” Leggeri said in the 2017 interview. “We are now helping to train 60 officers for a possible future Libyan coast guard. But this is at best a beginning.”
Bonino saw this effort differently. “They started providing support for their so-called coast guard,” she said, “which were the same traffickers changing coats.”
Rescued migrants disembarking from a Libyan coast guard ship in the town of Khoms, a town 120 kilometres (75 miles) east of the capital on October 1, 2019.https://theintercept.imgix.net/wp-uploads/sites/1/2021/04/GettyImages-1172921544.jpg?auto=compress%2Cformat&q=90#.jpg
Same Uniforms, Same Ships
Safe on land in Italy, Dieudonne was never called to testify in court. He hopes that none of his peers ended up in prison but said he would gladly testify against the traffickers if called. Aboard the coast guard ship, he remembers, “I gave the police contact information for the traffickers, I gave them names.”
The smuggling operations in Libya happened out in the open, but Italian police could only go as far as international waters. Leaked documents from Operation Sophia describe years of efforts by European officials to get Libyan police to arrest smugglers. Behind closed doors, top Italian and EU officials admitted that these same smugglers were intertwined with the new Libyan coast guard that Europe was creating and that working with them would likely go against international law.
As early as 2015, multiple officials at the anti-mafia meetings noted that some smugglers were uncomfortably close to members of the Libyan government. “Militias use the same uniforms and the same ships as the Libyan coast guard that the Italian navy itself is training,” Rear Adm. Enrico Credendino, then in charge of Operation Sophia, said in 2017. The head of the Libyan coast guard and the Libyan minister of defense, both allies of the Italian government, Credendino added, “have close relationships with some militia bosses.”
One of the Libyan coast guard officers playing both sides was Abd al-Rahman Milad, also known as Bija. In 2019, the Italian newspaper Avvenire revealed that Bija participated in a May 2017 meeting in Sicily, alongside Italian border police and intelligence officials, that was aimed at stemming migration from Libya. A month later, he was condemned by the U.N. Security Council for his role as a top member of a powerful trafficking militia in the coastal town of Zawiya, and for, as the U.N. put it, “sinking migrant boats using firearms.”
According to leaked documents from Operation Sophia, coast guard officers under Bija’s command were trained by the EU between 2016 and 2018.
While the Italian government was prosecuting supposed smugglers in Italy, they were also working with people they knew to be smugglers in Libya. Minniti, Italy’s then-interior minister, justified the deals his government was making in Libya by saying that the prospect of mass migration from Africa made him “fear for the well-being of Italian democracy.”
In one of the 2017 anti-mafia meetings, a representative of the Interior Ministry, Vittorio Pisani, outlined in clear terms a plan that provided for the direct coordination of the new Libyan coast guard. They would create “an operation room in Libya for the exchange of information with the Interior Ministry,” Pisani explained, “mainly on the position of NGO ships and their rescue operations, in order to employ the Libyan coast guard in its national waters.”
And with that, the third step of the plan was set in motion. At the end of the meeting, Roberti suggested that the group invite representatives from the Libyan police to their next meeting. In an interview with The Intercept, Roberti confirmed that Libyan representatives attended at least two anti-mafia meetings and that he himself met Bija at a meeting in Libya, one month after the U.N. Security Council report was published. The following year, the Security Council committee on Libya sanctioned Bija, freezing his assets and banning him from international travel.
“We needed to have the participation of Libyan institutions. But they did nothing, because they were taking money from the traffickers,” Roberti told us from the cafe in Naples. “They themselves were the traffickers.”
A Place of Safety
Roberti retired from the anti-mafia directorate in 2017. He said that under his leadership, the organization was able to create a basis for handling migration throughout Europe. Still, Roberti admits that his expansion of the DNAA into migration issues has had mixed results. Like his trip to Germany in the ’90s with Giovanni Falcone, Roberti said the anti-mafia strategy faltered because of a lack of collaboration: with the NGOs, with other European governments, and with Libya.
“On a European level, the cooperation does not work,” Roberti said. Regarding Libya, he added, “We tried — I believe it was right, the agreements [the government] made. But it turned out to be a failure in the end.”
The DNAA has since expanded its operations. Between 2017 and 2019, the Italian government passed two bills that put the anti-mafia directorate in charge of virtually all illegal immigration matters. Since 2017, five Sicilian prosecutors, all of whom attended at least one anti-mafia coordination meeting, have initiated 15 separate legal proceedings against humanitarian NGO workers. So far there have been no convictions: Three cases have been thrown out in court, and the rest are ongoing.
Earlier this month, news broke that Sicilian prosecutors had wiretapped journalists and human rights lawyers as part of one of these investigations, listening in on legally protected conversations with sources and clients. The Italian justice ministry has opened an investigation into the incident, which could amount to criminal behavior, according to Italian legal experts. The prosecutor who approved the wiretaps attended at least one DNAA coordination meeting, where investigations against NGOs were discussed at length.
As the DNAA has extended its reach, key actors from the anti-mafia coordination meetings have risen through the ranks of Italian and European institutions. One prosecutor, Federico Cafiero de Raho, now runs the anti-mafia directorate. Salvi, the former prosecutor of Catania, is the equivalent of Italy’s attorney general. Pisani, the former Interior Ministry representative, is deputy head of the Italian intelligence services. And Roberti is a member of the European Parliament.
Cafiero de Raho stands by the investigations and arrests that the anti-mafia directorate has made over the years. He said the coordination meetings were an essential tool for prosecutors and police during difficult times.
When asked about his specific comments during the meetings — particularly statements that humanitarian NGOs needed to be regulated and multiple admissions that members of the new Libyan coast guard were involved in smuggling activities — Cafiero de Raho said that his remarks should be placed in context, a time when Italy and the EU were working to build a coast guard in a part of Libya that was largely ruled by local militias. He said his ultimate goal was what, in the DNAA coordination meetings, he called the “extrajudicial solution”: attempts to prove the existence of crimes against humanity in Libya so that “the United Nation sends troops to Libya to dismantle migrants camps set up by traffickers … and retake control of that territory.”
A spokesperson for the EU’s foreign policy arm, which ran Operation Sophia, refused to directly address evidence that leaders of the European military operation knew that parts of the new Libyan coast guard were also involved in smuggling activities, only noting that Bija himself wasn’t trained by the EU. A Frontex spokesperson stated that the agency “was not involved in the selection of officers to be trained.”
In 2019, the European migration strategy changed again. Now, the vast majority of departures are intercepted by the Libyan coast guard and brought back to Libya. In March of that year, Operation Sophia removed all of its ships from the rescue area and has since focused on using aerial patrols to direct and coordinate the Libyan coast guard. Human rights lawyers in Europe have filed six legal actions against Italy and the EU as a result, calling the practice refoulement by proxy: facilitating the return of migrants to dangerous circumstances in violation of international law.
Indeed, throughout four years of coordination meetings, Italy and the EU were admitting privately that returning people to Libya would be illegal. “Fundamental human rights violations in Libya make it impossible to push migrants back to the Libyan coast,” Pisani explained in 2015. Two years later, he outlined the beginnings of a plan that would do exactly that.https://theintercept.imgix.net/wp-uploads/sites/1/2021/04/GettyImages-1227828468.jpg?auto=compress%2Cformat&q=90#.jpg
The Result of Mere Chance
Dieudonne knows he was lucky. The line that separates suspect and victim can be entirely up to police officers’ first impressions in the minutes or hours following a rescue. According to police reports used in prosecutions, physical attributes like having “a clearer skin tone” or behavior aboard the ship, including scrutinizing police movements “with strange interest,” were enough to rouse suspicion.
In a 2019 ruling that acquitted seven alleged smugglers after three years of pretrial detention, judges wrote that “the selection of the suspects on one side, and the witnesses on the other, with the only exception of the driver, has almost been the result of mere chance.”
Carrying out work for their Libyan captors has cost other migrants in Italy lengthy prison sentences. In September 2019, a 22-year-old Guinean nicknamed Suarez was arrested upon his arrival to Italy. Four witnesses told police he had collaborated with prison guards in Zawiya, at the immigrant detention center managed by the infamous Bija.
“Suarez was also a prisoner, who then took on a job,” one of the witnesses told the court. Handing out meals or taking care of security is what those who can’t afford to pay their ransom often do in order to get out, explained another. “Unfortunately, you would have to be there to understand the situation,” the first witness said. Suarez was sentenced to 20 years in prison, recently reduced to 12 years on appeal.
Dieudonne remembered his journey at sea vividly, but with surprising cool. When the boat began taking on water, he tried to help. “One must give help where it is needed.” At his office in Bari, Dieudonne bent over and moved his arms in a low scooping motion, like he was bailing water out of a boat.
“Should they condemn me too?” he asked. He finds it ironic that it was the Libyans who eventually arrested Bija on human trafficking charges this past October. The Italians and Europeans, he said with a laugh, were too busy working with the corrupt coast guard commander. (In April, Bija was released from prison after a Libyan court absolved him of all charges. He was promoted within the coast guard and put back on the job.)
Dieudonne thinks often about the people he identified aboard the coast guard ship in the middle of the sea. “I told the police the truth. But if that collaboration ends with the conviction of an innocent person, it’s not good,” he said. “Because I know that person did nothing. On the contrary, he saved our lives by driving that raft.”
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