UN rights experts warn new EU policy on boat rescues will cause more people to drown

17 August 2017 – The European Union’s new policy on Mediterranean Sea rescues threatens life and breaches international standards, two United Nations independent human experts today cautioned.

&#8220The EU’s proposed new action plan, including a code of conduct for organizations operating rescue boats, threatens life and breaches international standards by condemning people to face further human rights violations in Libya,&#8221 said the Special Rapporteur on the human rights of migrants, Felipe González Morales, and the Special Rapporteur on torture, Nils Melzer.

“The solution is not to restrict access to international waters or firing weapons to threaten boats, as Libya has reportedly done repeatedly. This will result in more deaths of migrants at sea and is in contravention of the obligation to rescue people in distress,” the experts added.

The code &#8211 drawn up by Italy with support from the European Commission &#8211 aims to stop privately-operated ships ferrying refugees to safety in Italy from waters off the Libyan coast.

It is part of a new plan to support Italy and reduce the pressure of migrant arrivals.

Earlier this week, the Special Rapporteur on extrajudicial, summary or arbitrary executions, Agnes Callamard, also had harsh words for the proposed change, saying the code of conduct and the overall plan &#8220suggest that Italy, the European Commission and EU Member States deem the risks and reality of deaths at sea a price worth paying in order to deter migrants and refugees.&#8221

Libya has also announced a search and rescue zone beyond its territorial waters, and is restricting access to international waters by humanitarian vessels.

&#8220The solution is not to restrict access to international waters or firing weapons to threaten boats, as Libya has reportedly done repeatedly. This will result in more deaths of migrants at sea and is in contravention of the obligation to rescue people in distress,&#8221 Mr. Morales and Mr. Melzer said.

They added that international organizations were making &#8220tremendous rescue efforts,&#8221 with their vessels providing up to 40 per cent of all search and rescue operations in the Mediterranean.

The Special Rapporteurs also expressed concern that Brussels was &#8220trying to move Europe’s borders to Libya,&#8221 according to a press release from the Office of the High Commissioner on Human Rights (OHCHR).

They highlighted that, under international law, migrants should be allowed to disembark at the nearest port where their lives and freedom would not be threatened, and should then receive information, care and equitable processing of their asylum claims.

&#8220Libya simply cannot be regarded as a safe place to disembark and the EU policy is in denial of this fact,&#8221 they said. &#8220Migrants intercepted by the Libyan coast guard will face indefinite detention in dire and inhumane conditions, at risk of death, torture or other severe human rights violations, without any judicial review.&#8221

They warned that it was &#8220high time&#8221 to tackle the real issue, which was the disproportionate impact on frontline countries, such as Greece and Italy, and to relocate migrants and refugees to the other 26 European countries that under the Schengen Agreement allow for unrestricted movement of people.

&#8220States should expand their visa regimes and provide more options for refugee settlement, temporary protection, visitors, family reunification, work, resident, retirement and student visas,&#8221 they added, &#8220in line with the UN’s Sustainable Development Goals and to ensure that migrants no longer have to embark on such deadly journeys.&#8221

Special Rapporteurs and independent experts are appointed by the Geneva-based UN Human Rights Council to examine and report back on a specific human rights theme or a country situation. The positions are honorary and the experts are not UN staff, nor are they paid for their work.

Press release: Worcestershire man sentenced for waste offences

Yesterday (16 August 2017), Mark Smyth, aged 40, from Pershore, Worcestershire was sentenced to 12 months imprisonment suspended for 18 months, with 200 hours unpaid work following a prosecution brought by the Environment Agency at Worcester Crown Court. He was also ordered to pay £10,000 compensation to the landowner and disqualified from acting as a company director for 7 years.

Mr Smyth, who was the sole director of Arrow Gypsum Recycling Ltd, pleaded guilty to breaching the company’s environmental permit condition and was found guilty of failing to comply with an enforcement notice served by the Environment Agency,

Events leading to the prosecution

During early 2015, the Environment Agency received a report that gypsum waste was being stored outside the building on the site. The conditions of the environmental permit stipulated that waste must be stored within the building, to avoid any risk to the environment.

Further investigations established that Mr Smyth had abandoned the site, leaving 29 tonnes of gypsum plasterboard outside the building and in excess of 5,000 tonnes inside the building. Attempts were made by Environment Agency officers to speak to Mr Smyth about the permit breach and clearance of the material outside. When Mr Smyth failed to respond, a formal enforcement notice was served, requiring him to clear the waste he abandoned on the site he rented at Crucible Business Park in Norton, Worcester. Mr Smyth ignored the enforcement notice.

Comments during the court hearing

During the trial the defendant claimed not to have received the enforcement notice. This was not accepted by the Magistrates, who found the defendant did receive the notice, but chose to bury his head in the sand and ignore it.

Environment Agency officers have worked with an agent of the landowner to clear the site, at a cost of £450,000. At Worcester Crown Court, His Honour Judge Cole, found that the substantial clean up costs was a serious aggravating feature of the case. It was clear to the court that once the processing of the gypsum waste ceased and the building became full, Mr Smyth should have stopped accepting the waste, but he did not. He deliberately continued accepting waste, leading to the breach of the permit; waste being stored outside. Mr Smyth ignored his responsibilities as the director of the company and left the waste on the site at considerable cost to the landowner.

In mitigation the court heard that Mr Smyth intended to operate the business in line with the permit when he took over the business in 2013, but when the processing of the waste stopped, he had contracts that had to be honoured, so he carried on accepting the waste.

HHJ Cole suspended the term of imprisonment, taking into consideration the potential impact on Mr Smyth’s 12 year daughter and her mother, along with Mr Smyth’s previous good character.

Speaking after the case, an Environment Agency officer in charge of the investigation said:

Waste crime is a serious offence with tough penalties as it can damage the environment, blight local communities and undermine those who operate legally. This case sends out a clear message that we will not hesitate to take action against anyone that fails to comply.

You can call the Environment Agency on 0370 850 6506 to find out how to responsibly manage any waste your business produces or visit the manage your waste GOV.UK pages.

Press release: Worcestershire man sentenced for waste offences

Yesterday (16 August 2017), Mark Smyth, aged 40, from Pershore, Worcestershire was sentenced to 12 months imprisonment suspended for 18 months, with 200 hours unpaid work following a prosecution brought by the Environment Agency at Worcester Crown Court. He was also ordered to pay £10,000 compensation to the landowner and disqualified from acting as a company director for 7 years.

Mr Smyth, who was the sole director of Arrow Gypsum Recycling Ltd, pleaded guilty to breaching the company’s environmental permit condition and was found guilty of failing to comply with an enforcement notice served by the Environment Agency,

Events leading to the prosecution

During early 2015, the Environment Agency received a report that gypsum waste was being stored outside the building on the site. The conditions of the environmental permit stipulated that waste must be stored within the building, to avoid any risk to the environment.

Further investigations established that Mr Smyth had abandoned the site, leaving 29 tonnes of gypsum plasterboard outside the building and in excess of 5,000 tonnes inside the building. Attempts were made by Environment Agency officers to speak to Mr Smyth about the permit breach and clearance of the material outside. When Mr Smyth failed to respond, a formal enforcement notice was served, requiring him to clear the waste he abandoned on the site he rented at Crucible Business Park in Norton, Worcester. Mr Smyth ignored the enforcement notice.

During the trial the defendant claimed not to have received the enforcement notice. This was not accepted by the Magistrates, who found the defendant did receive the notice, but chose to bury his head in the sand and ignore it.

Environment Agency officers have worked with an agent of the landowner to clear the site, at a cost of £450,000. At Worcester Crown Court, His Honour Judge Cole, found that the substantial clean up costs was a serious aggravating feature of the case. It was clear to the court that once the processing of the gypsum waste ceased and the building became full, Mr Smyth should have stopped accepting the waste, but he did not. He deliberately continued accepting waste, leading to the breach of the permit; waste being stored outside. Mr Smyth ignored his responsibilities as the director of the company and left the waste on the site at considerable cost to the landowner.

In mitigation the court heard that Mr Smyth intended to operate the business in line with the permit when he took over the business in 2013, but when the processing of the waste stopped, he had contracts that had to be honoured, so he carried on accepting the waste.

HHJ Cole suspended the term of imprisonment, taking into consideration the potential impact on Mr Smyth’s 12 year daughter and her mother, along with Mr Smyth’s previous good character.

Speaking after the case, an Environment Agency officer in charge of the investigation said:

Waste crime is a serious offence with tough penalties as it can damage the environment, blight local communities and undermine those who operate legally. This case sends out a clear message that we will not hesitate to take action against anyone that fails to comply.

You can call the Environment Agency on 0370 850 6506 to find out how to responsibly manage any waste your business produces or visit the manage your waste GOV.UK pages.

Press release: Worcestershire man sentenced for waste offences

Yesterday (16 August 2017), Mark Smyth, aged 40, from Pershore, Worcestershire was sentenced to 12 months imprisonment suspended for 18 months, with 200 hours unpaid work following a prosecution brought by the Environment Agency at Worcester Crown Court. He was also ordered to pay £10,000 compensation to the landowner and disqualified from acting as a company director for 7 years.

Mr Smyth, who was the sole director of Arrow Gypsum Recycling Ltd, pleaded guilty to breaching the company’s environmental permit condition and was found guilty of failing to comply with an enforcement notice served by the Environment Agency,

Events leading to the prosecution

During early 2015, the Environment Agency received a report that gypsum waste was being stored outside the building on the site. The conditions of the environmental permit stipulated that waste must be stored within the building, to avoid any risk to the environment.

Further investigations established that Mr Smyth had abandoned the site, leaving 29 tonnes of gypsum plasterboard outside the building and in excess of 5,000 tonnes inside the building. Attempts were made by Environment Agency officers to speak to Mr Smyth about the permit breach and clearance of the material outside. When Mr Smyth failed to respond, a formal enforcement notice was served, requiring him to clear the waste he abandoned on the site he rented at Crucible Business Park in Norton, Worcester. Mr Smyth ignored the enforcement notice.

Comments during the court hearing

During the trial the defendant claimed not to have received the enforcement notice. This was not accepted by the Magistrates, who found the defendant did receive the notice, but chose to bury his head in the sand and ignore it.

Environment Agency officers have worked with an agent of the landowner to clear the site, at a cost of £450,000. At Worcester Crown Court, His Honour Judge Cole, found that the substantial clean up costs was a serious aggravating feature of the case. It was clear to the court that once the processing of the gypsum waste ceased and the building became full, Mr Smyth should have stopped accepting the waste, but he did not. He deliberately continued accepting waste, leading to the breach of the permit; waste being stored outside. Mr Smyth ignored his responsibilities as the director of the company and left the waste on the site at considerable cost to the landowner.

In mitigation the court heard that Mr Smyth intended to operate the business in line with the permit when he took over the business in 2013, but when the processing of the waste stopped, he had contracts that had to be honoured, so he carried on accepting the waste.

HHJ Cole suspended the term of imprisonment, taking into consideration the potential impact on Mr Smyth’s 12 year daughter and her mother, along with Mr Smyth’s previous good character.

Speaking after the case, an Environment Agency officer in charge of the investigation said:

Waste crime is a serious offence with tough penalties as it can damage the environment, blight local communities and undermine those who operate legally. This case sends out a clear message that we will not hesitate to take action against anyone that fails to comply.

You can call the Environment Agency on 0370 850 6506 to find out how to responsibly manage any waste your business produces or visit the manage your waste GOV.UK pages.