Conditions in detention facilities

Italy

Country Report: Conditions in detention facilities Last updated: 03/06/21

Author

In relation to detention conditions, the Reception Decree provides as a general rule that full necessary assistance and respect of dignity shall be guaranteed to the detainees. Separation of persons in respect of gender differences, maintaining, where possible, the family unity and the access to open-air spaces must be ensured.[1]

Even after the 2020 reform, serious regulatory protection deficits remain with respect to the actual prison regime. This regards, for example:

  • the lack of a mechanism that allows family members to be notified in case of need, a circumstance that has made it extremely difficult to notify the families of people who have lost their lives in detention;
  • the absence of a mechanism for monitoring prison conditions entrusted, as for prisons, to the judicial authority;
  • the absence of a strong role of public health and the decisive role left to the managing body for the protection of health.

The decree-law 130/2020 expressly provides that adequate sanitary and housing standards must be ensured in the CPR.[2]

However, as pointed out by the Guarantor of prisoners in his latest report, the protection of the right to health and adequate assistance is strongly influenced by the organizational factor as the law reserves a secondary role for the National Health System and entrusts the performance of health services within the CPRs to the managing body.

With respect to the lack of transparency and recording of critical events, Annex 5-bis to the tender specifications scheme published on 24 February 2021 provides for the obligation on the part of the managing body to “… keep a register with any episodes that have caused injuries to guests and operators”[3]

Between June 2019 and July 2020, five foreign nationals lost their lives while detained in a CPR.

In 2020, this happened in the CPR of Caltanissetta, Pian del Lago, in January 2020, and in Gradisca d’Isonzo (Gorizia) in January and July 2020.[4]

Decree Law 130/2020 introduced the possibility of making requests or complaints in written or oral form to the National Guarantor and to the regional or local Guarantors of the rights of detained persons[5] However, as the National Guarantor underlined in his latest report, the effectiveness of this provision is limited by the absence of information on this point and by the limits set by the CIE Regulation which provides that the delivery and use of pencils is forbidden inside the housing modules; and in any case it takes place under the supervision of the managing body which is responsible to collect them after use.[6]

In 2019, as in the previous years, the lack of effectiveness of the repatriation system was confirmed, as less than 50% of the people detained was actually repatriated.[7]

The health emergency did not affect the application of the detention measure and worsened life inside the centres which still do not have spaces for activities during detention.

The European Court of Human Rights, invested with some urgent appeals presented between April and May 2020 by lawyers with the support of ASGI for some foreign citizens whose repatriation was completely impracticable given the closure of the air spaces, considered there were no reasons to recognize the violation of Article 3 ECHR.

The Reception Decree states that foreigners detained in CPR shall be provided by the manager of the facility with relevant information on the possibility of applying for international protection. The asylum applicants detained in such facilities are provided with the relevant information set out by Article 10(1) of the Procedure Decree, by means of an informative leaflet.[8]

Detention conditions are monitored inter alia by the Human Rights Commission of the Senate, the Inquiry Commission on the reception system set up by the Chamber of Deputies, as well as the Guarantor for the rights of detained persons.

During 2019 and 2020, the National Guarantor carried out visits to the detention centres for repatriation (CPR), monitoring the centres of Turin (17 April 2019), Rome-Ponte Galeria, including the new men’s section (6 June 2019, 27 March 2020 and 1 September 2020), Palazzo SanGervasio (18 June 2019), Bari (19 June 2019), Brindisi-Restinco (20 June 2019), Caltanissetta-Pian delLago (24 November 2019), Trapani-Milo (25 November 2019), Gradisca d’Isonzo (20 January 2020 and 14 December 2020), Macomer (7 March 2020) and Milan (18 December 2020 and 13 February 2021).

The Guarantor has published the results of the monitoring in the 12 April 2021 report.[9]

Overall conditions

Hotspots

Conditions in hotspots vary given that the facilities host different numbers of persons at any given time.

At the beginning of 2020, due to the informal redistribution policy of migrants disembarked and the slowness of the relative procedures, the people disembarked and accommodated at the hotspots have lived a long time in conditions of overcrowding, with poor hygiene conditions and in most cases a de facto detention.[10] The quarantine measure implemented in hotspots created several problems.

As for Lampedusa, in 2020, the hotspot was characterised by periods of severe overcrowding. In September 2020, compared to an allowed capacity of 192 people, the hotspot hosted on average over a thousand people.[11]

The Messina hotspot consists of a series of zinc plate containers capable of accommodating up to 250 people. ASGI, Actionaid and Borderline Sicilia published a report on the situation after a visit carried out on 25 July 2019.[12] Containers – air conditioned and equipped with small lockers to hold personal belongings – have a capacity of 12 or 10 beds (6/5 bunk beds in each container). The centre has 16 bathrooms, one for disabled persons, and 22 showers. Out of these, 3 toilets and 2 showers are placed in the area for “vulnerable” people. A tensile structure acts as a canteen but in the summer months it is not used because too hot. People receive a hygiene kit, at the entrance, and a pocket money of € 2.50 per day and 2 telephone cards, 5 euros each.

The report underlined some critical issues: at the time of the visit, 5 couples were sharing the same container equipped with bunk beds. The guests reported that the hygiene kit was insufficient and so was the food. The asylum seekers present, were accommodated in the hotspot for about two months after having been rescued by Sea-Watch 3 and disembarked in Lampedusa on 29 June 2019. They had not been registered to the national health service. As a result they only had access to the clinic inside the centre. Though sharing spaces with adults, children could not be vaccinated and victims of torture or violence did not have access to specialist visits. People were found not informed about the redistribution procedure. On 3 October 2019, the NGOs sent a letter to the Ministry of Interior reporting about the situation, as well proposing some recommendations.[13]

Taranto: for about three years the hotspot has been used as a place where foreign people apprehended along the northern borders were held. The people who land on the Apulian coast are instead transferred and identified at the “Don Tonino Bello” centre in Otranto. A delegation from ASGI and Oxfam visited the area in May 2019.[14] The centre, located near the steel mill (former Ilva), has 400 beds distributed between large tensile structures and containers, of about 8 places each, the latter reserved for unaccompanied minors, families and vulnerable people. According to what was reported during the interviews conducted by the delegation, among the people brought to the hotspot there are also asylum seekers, people with pending appeals, vulnerable people and, sometimes, unaccompanied minors. People are identified and then, generally during the same day, differently addressed according to their personal situation (reception centres, centres for minors, CPR).

A data access requested by ASGI in September 2019 to the Questura of Imperia confirmed that the transfers of third country nationals found without a residence permit were going on from Ventimiglia to the Taranto hotspot.

In the territory of Monastir there is a reception center where foreign citizens entering the Italian territory at the Sardinian coasts are taken, for health checks, as well as for identification purposes and security checks. As highlighted by ASGI, although the hotspot centers officially operational on the Italian territory remain Pozzallo, Messina, Taranto and Lampedusa, this structure has clear functions attributable to those defined by the hotspot approach.

The management of the “Center for migrants” has been entrusted from 1 April 2020 to the Soc. ORS Italia Srl. The center is characterized by structural isolation. It extends over a large perimeter, divided into various buildings, surrounded by large fences as it is a military zone,  The legal basis of this center is unclear, as it is not possible to classify it as a structure referred to in the decree-law of 30 October 1995, n. 451, or as a first accommodation facility (Article 9 Reception Decree), where a crisis point can be set up pursuant to art. 10-ter of TUI. As recorded by ASGI, Standard Operating Procedures (SOPs) are in fact implemented, such as health screening with the issue of medical certification, pre-identification with “foglio notizie””, identification, fotosegnalamento and control and inclusion in databases, aimed at defining the legal status of the foreign citizen on the territory. Information on the right of access to the asylum procedure is provided through the distribution of information brochures. With regard to the classification mechanisms of incoming foreign citizens, as confirmed by the competent authorities, the procedures adopted provide for the use of the “ foglio notizie”.  In the centre, as orally reported to ASGI from the competent authorities, people are de facto detained for identification purposes. Frontex is the only one, among the European agencies and international organizations, present in the centre.[15]

CPR

Persons held in CPR vary significantly in terms of social origin, psychological condition, health condition, legal status. According to the law, asylum seekers detained in CPR should be placed in a dedicated space.[16] However, as reported by the Guarantor for the rights of detained persons in his report of visits to CPR in 2016 and 2017 detained persons in all structures were in a precarious state without any consideration of legal status, not even that of asylum seekers.[17] In 2019, the Guarantor reported that he had recommended all CPR to favour as much as possible the separation between those who come from the criminal circuit and those who are only in a position of administrative irregularity or who are asylum seekers. Only the prefecture of Brindisi had responded by committing to identify different organizational methods. [18]

According to ASGI members’ experience, asylum seekers are not placed in dedicated spaces in CPR.

By the end of December 2019 and at the beginning of 2020 in many CPR there were riots due to the living conditions inside the centres. As denounced by the Guarantor and reiterated by the media, this is the only means that the CPR detainees have to contest the reception conditions. Unlike detainees in prisons, they have no complaints rights.[19]

After visiting the CPR of Turin, in January 2020, the Guarantor for the rights of detained persons of Turin compared the persons’ cells to “zoo cages” and denounced that the migrants had their phones seized. The member of the College of the National Guarantor denounced that migrants lived in seven-person rooms where the bathroom is not even separated from the place where people sleep and that there were no places to sit, therefore foreign citizens are forced to eat on the ground with dishes on their legs.

The National Guarantor for the rights of detained persons, heard at Parliament in June 2019, reported that during a visit to the CPR of Turin he found two rooms in the basement, the existence of which had been denied to the national Guarantor by the responsible authorities. The writing on the walls made it possible to understand the presence of people placed at least for limited periods of time inside those rooms.[20]

At the time of the Guarantor’s visit, in April 2019, hot water was not available. The absence of doors for toilets and showers prevented the necessary privacy. Moreover, the Guarantor found that blood samples were often taken in the infirmary rooms without authorization from the health service. In Trapani and Caltanissetta interaction with the operators was possible only through the bars.

Following a visit to the CPR of Trapani in January 2020, a member of Parliament presented a question to the Ministry of Interior representing the poor living conditions of the centre with whole parts to be restored and explaining that the people detained had all referred to him about the difficulty of talking with lawyers, the failed or late responses to health problems and ill-treatment by law enforcement agents.[21]

Regarding the services, according to media, during 2019 there has been a significant reduction in personal services. The medical service that previously worked 144 hours a week was present in the facility for 42 hours (-70.83%). The same situation for the service of psychologists, from 54 to 24 hours a week, to the mediator service from 108 to 48 and even to the legal service, from 72 hours to just 16.[22]

Since February 2020, the Trapani Milo CPR has closed for renovations.

As of December 2019, a journalistic reportage informed that the Ministry of Interior declared that the CPR of Palazzo San Gervasio in Potenza should be closed and had ordered the progressive transfer of people to other CPRs. The reportage cites reports of IOM, UNHCR and the Guarantor for detained persons on the inhumane and degrading conditions of the centre. All detainees interviewed reported that the housing modules were missing doors and windows. Their statements were confirmed by pictures. The detainees also reported that the toilets were unusable and there were no sinks and the heating often did not work so the staff distributed heavier clothes. Staff reported there were no chairs but only a small table in the small room where the prisoners’ lawyers have access. According to the media report the Public Prosecutor had opened an investigation that would focus in particular on improper giving of sedatives to detainees.[23]

Shortly thereafter, in January 2020, another news report reported an ongoing investigation on abuses inside the centre and sedated detainees.[24]

In June 2019 the Guarantor for detained persons reported concern about the fact that, at Palazzo San Gervasio, there is not even a place to eat so the detainees eat on the bed, and about the fact that people work in structures that are basically containers, and lawyers also meet people in containers.[25]

In May 2020 the CPR was closed due to renovations works. It reopened at the end of February 2021.

In the CPR of Pian del Lago, Caltanissetta, on 12 January 2020, a Tunisian citizen lost his life. Lasciatecientrare declared to have received several reports from the persons inside the centre on the ignoble conditions of the centre, cold rooms, no windows, and requests for inmate health care remained unanswered.[26] The Guarantor for the rights of detained persons reports that, in February 2020, an inspection made by the Provincial Health Authority of Caltanissetta determined the inadequacy of the Caltanissetta CPR structure with respect to preventing the risk of spreading infectious diseases.

The authorities announced the upcoming planning of the closure of the Centre, for the start of renovations.[27] As of May 2020 the centre was no longer hosting migrants[28] and, at the time of writing (May 2021) it is still closed.

On 18 January 2020, a man from Georgia died in the CPR of Gradisca d’Isonzo (Gorizia). The testimony collected from the inside revealed violence committed by law enforcement officers. [29]  However, the first results of the appraisal ordered by the prosecutor, even though excluding that death is natural, exclude a direct connection to the violence suffered.[30] The Guarantor for the rights of detained persons appointed a lawyer and a forensic doctor in the criminal procedure. As of September 2020, he told the Journal il Manifesto that the autopsy had been handed over to the prosecutor who still had to draw conclusions and that, even if there would seem to be no elements leading to believe the beating as a cause of death, there were still no histological and toxicological results and there were photographs in which signs of violence were visible.[31]

On 14 July 2020 another person died during his detention in this CPR: in this case, which seems to be due to the abuse of drugs, there are still no medical reports.[32]

During the winter of 2020 the detainees reported to ASGI and Lasciatecientrare that they suffer a lot from the cold and the absence of heating. In his latest report, the Guarantor highlighted a malfunction of the CPR of Gradisca’s heating system, which becomes blocked when it detects the presence of even minimal smoke in the rooms. This causes continuous interruptions to the heating, which must be reactivated manually by the staff. To mitigate the impact of such a condition, the Municipal Guarantor for detained persons had provided the inmates with warm clothes.

Macomer: in October 2020 ASGI carried out a monitoring in this centre, highlighting the presence of a single room for meetings with lawyers, and the seizure of the personal effects, including the mobile phone of the lawyer at the entrance to the centre. During the meeting with the lawyer, the presence outside the room of the public security personnel did not guarantee the necessary confidentiality.[33] The practice of seizing telephones of detained foreign nationals has also been noted. Internal phones only work with some operators. Following a request for the return of the mobile phone from a detained person, to the Questura and the managing body, the Questura responded by declaring itself incompetent and considering the search of the telephone of the detained person as a “mandatory deposit of the personal effects to the managing body pursuant to law “.[34]

On December 30, 2020, the Regional Guarantor for the rights of detained visited the CPR of Ponte Galeria in Rome. All 122 available places, two of which were intended for quarantine, were occupied. Four departments in the women’s sector (completely closed for months) are awaiting testing, after renovations that will allow 32 women to be accommodated with spaces for socializing. Many told the Guarantor that they were minors, but in only one case a detainee was able to document it. Thus, the situation was immediately represented to the President of the Juvenile Court and to the Public Prosecutor’s Office and, the day after, on December 31st, the Tunisian minor was released by the CPR and placed in a reception facility.  The Guarantor observed after the visit that the criticalities of the structure remain unchanged: the detainees claim that they do not understand what their status is; there is no activity, even sports; poor quality of food; difficulties in communicating with family members (since the reopening of the male sector they were no longer allowed to keep mobile phones that must be delivered at the entrance, but the telephone cards are insufficient to ensure adequate contacts with distant families). Also, health care is delayed by the Covid-19 emergency “. The protocol with the competent Local Health Authority provides for six half days of attendance per week for suitability assessment and also as a bridge for hospitalizations and specialist visits outside. However, in the last period only two mornings had been guaranteed, as one of the two doctors had been transferred and had not yet been replaced.[35]

A reportage published by il Manifesto on August 2020, shows flooded rooms, dirty mattresses, people sleeping on the floor or on the tables where they are supposed to eat. [36]

CPR of Milan, via Corelli: with a letter sent on November 27 to the National Guarantor for the rights of detained persons, ASGI Naga Lasciatecientrare and Mai più Lager – No CPR reported various violations detected within the CPR of Milan. Following a quarantine ordered as a result of the ascertained positivity of two foreign nationals detained, for the entire period of the fiduciary isolation, the inmates’ were not allowed to meet their respective lawyers, thereby preventing the exercise of the right of defense at the hearing to validate or extend the detention and preventing a correct and continuous information on their legal status. “The absence of professional mediators on site” and “the lack of confidentiality was found during the interviews between the defender and the client in light of the constant presence of the public security authorities”[37], was also reported.

In February 2021, due to a positive covid-19 case of a detainee, consultations with lawyers were completely suspended for one week. The NGO Naga, pointing out this situation, also highlights the “numerous reports concerning the non-use by of safety devices by law enforcement personnel “, as well as “the lack of cleaning and sanitation services”.[38]

In providing for a distribution of CPR on the entire national territory, Decree Law 13/2017, implemented by L 46/2017, specified that this should have followed an accentuation of the role of the Guarantor for the rights of detained persons, and an extension of the power of access for those who do not require authorisation, and an absolute respect for human dignity.

Transit zones

Between January and February 2019, the Guarantor for detained persons visited the transit areas of the airports of Rome Fiumicino and Milan Malpensa where people who just landed in Italy are held while awaiting for the immediate refoulement to be carried out.

With respect to the areas where the detention takes place in Rome, the Guarantor observed that the place appears unsuitable for the permanence of people for a period of time longer than 24 hours. The European Committee in its report on the visit carried out in June 2017, pointed out the inadequacy of the environments, in particular due to the lack of natural air and light and the impossibility of accessing the outdoors and the transfer of people to other facilities in case of stay longer than 24 hours.[39]

As for Malpensa, according to the testimonies collected by ASGI within the In Limine project, the size of the common room is about 8×6 meters, not enough to accommodate the number of people who are kept there. The room has no windows and the camp beds are made of iron, without mattresses. The possibility of going out in the open air is not given.[40]

Activities

According to Article 4(h) of the CIE Regulation, social, recreational and religious activities shall be organised in the centres. However, the shortage of recreational activities in CPR bears especially negative impact on living conditions of people staying in the CPR 24 hours a day for prolonged periods, thus being one of the main factors entailing distress among people in detention.

By January 2020, the Guarantor for the rights of detained persons of Turin stressed that in the CPR of Turin there are no re-educational courses or activities of any kind and recommended, among other things, the organization of recreational activities (with the involvement of external subjects as well), the use of the sports centre and the possibility to switch the light on and off independently and not centrally.[41]

As for the CPR of Gradisca d’Isonzo, after the visit made on 20 January 2020, following the death of the Georgian citizen, an Italian parliamentarian reported that many of the guests were taking sedatives and psychotropic drugs and that the common and leisure areas, such as the canteen or the football field, were not used. He also reported an abnormal deterioration situation, since it was a new structure and he underlined how people were living in cages in situations of coexistence between those who had committed crimes and those who were only in a situation of administrative irregularity.[42]

On February 23, 2021, the Civil Court of Milan accepted the urgent appeal presented by a Tunisian asylum seeker held at the CPR of Milan, in order to obtain the return of his mobile phone which, according to the current practice also in other CPRs, he was prevented from using inside the centre. The Court observed that the impossibility of accessing one’s mobile phone constitutes a limitation of the right to freedom of communication of the detainees, not permitted by Italian law, but is also capable of constituting a violation of the right of defence of detainees. In the case of the applicant, the impossibility of communicating with his lawyer before the hearing to validate the detention, prevented him from being able to avail himself of his assistance there.  The Court further observed that freedom of correspondence cannot be guaranteed through the availability of fixed or portable devices, generally present within the centre.[43]

More generally, even in his latest report, the National Guarantor for detained persons highlighted how the security approach of the CPR and the absence of additional spaces with respect to rooms and activities makes administrative detention a place of extreme social marginality and isolation from a community which is prevented from entering detention facilities and creating relationships with detainees. The CPR prevents the opportunity to spend time in a meaningful way and it condemns people to live in a condition of permanent forced idleness. Thus, even small daily life choices are prevented, such as reading a book, writing, playing sports.[44]

Health care and special needs in detention

Access to health care is guaranteed to all persons in detention. The law provides as a general rule that full necessary assistance and respect of dignity shall be guaranteed.[45] The law further states that the fundamental rights of detained persons must be guaranteed and that inside detention centres essential health services are provided.[46]

Moreover, the Reception Decree provides that asylum seekers with health problems incompatible with the detention conditions cannot be detained and, after the amendment made by Decree Law 13/2017 and L 46/2017, it also establishes the incompatibility of detention for vulnerable people, as defined by Article 17 of the Reception Decree.

In his report to Parliament of March 2020, the Guarantor for the rights of detained persons underlined the need to strengthen the right to access health information by people during their detention. This lack of information, he informed, represents the subject of a number of reports to the office of the guarantor. In many CPRs as recorded by ASGI, detained persons do not have access to their health file until the end of their detention. In some cases, such as in Gradisca D’Isonzo CPR, the health information and the exams were given to the lawyer on specific request.

Within the socio-health services provided in the CPR, a periodical assessment of the conditions of vulnerability requiring special reception measures must be ensured.[47] In this regard, Article 3 of the CIE Regulation describes in detail the health services provided to detainees and the possibility for the Prefecture to stipulate specific agreements with the public health units.

In this regard, in 2020 the Guarantor underlined that the responsibility of the National Health Service for the periodic verification of the sanitary conditions of the structures and services provided should be expressly provided for by law.[48]

The CPR of Caltanissetta is equipped with a separate area dedicated to medical care.[49] Following the death of a Tunisian man on 12 January 2020, the other detainees reported he had not received enough health assistance.

Both in the CPR of Brindisi and in that of Turin, the Guarantor verified between February and March 2018 the practice of using the rooms of sanitary isolation for punitive purposes, although the isolation is not provided for by the CIE Regulation even as an exceptional measure.

By December 2018, the Human Rights and Migration Law Clinic published the “Uscita d’Emergenza” report, relating to the health protection of detainees within the CPR of Turin. The report revealed that the health policy within the Centre was highly characterized by an informal approach, since no type of prior technical evaluation was foreseen regarding the compatibility between the migrant’s state of health and the restrictive measure. Even therapeutic continuity was hardly guaranteed. In addition, the number of medical personnel was not appropriate for the number of guests within the Turin facility.[50]

 

 

 

[1]  Article 7(1) Reception Decree.

[2]  Article 14 (2) TUI as amended by Article 3 (4 a) of Decree Law 130/2020.

[3]  Tender specfication schemes for CPR, available at: https://bit.ly/3w4RTWh

[4]  A  Nigerian man died on 2 June 2019 in the Brindisi-Restinco CPR; a Bengali citizen died on 8 July 2019 in the Turin CPR (Ospedaletto area); a Tunisian citizen died on 12 January 2020 in the CPR of Caltanissetta-Pian del Lago where he had entered the previous 10 December following release from prison; a Georgian citizen died on 18 January 2020 in the hospital of Gorizia, held in the CPR of Gradisca d’Isonzo; Tan Albanian citizen died on 14 July 2020 in the CPR of Gradisca d ‘Isonzo.

[5]  Article 14 (2 bis) TUI

[6] Guarantor for the rights of detained persons, Report on visits in CPR (2019-2020), 12 April 2021, available in Italian at : https://bit.ly/3ogz2F8

[7] Report of the National Guarantor for detained persons, 12 April 2021.

[8] Article 6(4) Reception Decree.

[9] Guarantor for the rights of detained persons, Report on visits in CPR (2019-2020), 12 April 2021, available in Italian at: https://bit.ly/3eQkWHD

[10]Bordeline Sicilia, Europea Frotniera Sud, un’altra estate di morti in mare e diritti calpestati, 2 September 2019, available in Italian at: https://cutt.ly/QyO7stf; see also: Border Criminologies blog, Forced Mobility and the Hotspot Approach: The Case of the Informal Disembarkation Agreements, 12 February 2020, available in English at: https://cutt.ly/OyO7d6f.

[11] See Il Sole 24 ore, “Migranti nell’hotspot di Lampedusa “emergenze, sovraffollamento”, available at : https://bit.ly/3ohW52w, 2 September 2020.

[12] ASGI; Hotspot e redistribuzione dei migranti: troppe criticità. Le richieste di ASGI, Borderline e ActionAid, 9 October 2019, available in Italian at: https://cutt.ly/NyO7nxK.

[13]  https://cutt.ly/XyO7mFk.

[14] See ASGI, https://inlimine.ASGI.it/visita-allhotspot-di-taranto.

[15] ASGI; Report sopralluogo giuridico: la Sardegna come luogo di frontiera e di transito, December 2020, available at: https://bit.ly/3fm4mhP

[16] Article 6(2) Reception Decree.

[17] Guarantor for the rights of detained persons, Rapporto sulle visite nei CIE e negli hotspot in Italia 2016/2017, 11 May 2017, 29.

[18] Guarantor for the rights of detained persons, Relazione al Parlamento 2019, 26 March 2019, available in Italian at: https://bit.ly/2GijVoY, page 196.

[19]  Il Dubbio, CPR da Gorizia a Trapani migranti in rivolta per le condizioni di vita, 8 January 2020,  , available in Italian at: https://cutt.ly/syO7Rcy.

[20] Hearing at Chamber of Deputies of the Guarantor for the rights of detained persons,  27 June 2019, available in Italian at: https://cutt.ly/JyO7TZ3.

[21]  Trapani Oggi, Cosa succede al CPR di Trapani Milo Interrogazione al Ministro dell’Interno del deputato del PD Fausto Raciti, 22 January 2020, available in Italian at: https://cutt.ly/VyO7Ur9.

[22]  Article of Torino Oggi, “CPR di Corso Brunelleschi il Garante lancia l’allarme Gabbrie come allo zoo una persona non può soggiornare lì”, 22 January 2020 available in Italian at: https://cutt.ly/WyO7ItQ.

[23]  La Gazzetta del Mezzogiorno, “Un lager chiamato CPR che non riesce a chiudere. Il Ministero: “Svuotate la struttura”. Ma resta lettera morta”, 14 December 2019.

[24] Il Mattino di Foggia, “Maltrattamenti nel Cpr di Palazzo San Gervasio”, la scoperta del giornalista investigativo Amendolara su Panorama: “Sedavano gli immigrati”, 9 January 2020.

[25]  Hearing at Chamber of Deputies of the Guarantor for the rights of detained persons,  27 June 2019, available in Italian at: https://cutt.ly/eyO701E.

[26] Lasciatecientrare, Aymen, morto di CPR a Caltanissetta, 12 January 2020.

[27] Guarantor for the rights of detained persons, Report to Parliament, March 2020, p. 292, available at: https://bit.ly/2RNJiIO

[28] Meltingpot, Detenzione Migranti e Covid 19 in Italia, un commento, 21 December 2020, available at: https://bit.ly/33J0hyM

[29] Avvenire, La denuncia. Migrante georgiano morto a Gradisca. Lo spettro di un nuovo “caso Cucchi”?, 23 January 2020.

[30]  Avvenire, “Autopsia sul migrante morto a Gradisca “ Decesso non dovuto a percosse” 27 January 2020.

[31]  Il Manifesto, Carceri, Rsa, hotspot e Cpr ai tempi del Covid-19, interview to the Guatantor for the rights of detained persons, 2 September 2020,  available at: https://bit.ly/3fhcQqm

[32]  TGR, Friuli Venezia Giulia, “Un morto nel Cpr di Gradisca. Un altro ospite grave in ospedale “, 14 July 2020 available at: https://bit.ly/3eMPWIw

[33] ASGI, Report sopralluogo giuridico: la Sardegna come luogo di frontiera e di transito, December 2020, available at: https://bit.ly/3ofJ3Ci

[34]  Ibidem.

[35] Region Lazio, “Il centro di permanenza per il rimpatrio di Ponte Galeria”, 4 January 2021, available at: https://bit.ly/3vZ5bDI

[36]  Il Manifesto, Le immagini dal CPR di Ponte Galeria, peggio di un animale, 19 August 2020, available at:  https://bit.ly/3ogDYtE

[37] Milano today, Milano, leaMilano, le associazioni: “Al Cpr di via Corelli stanno violando il diritto di difesa con la scusa covid” associazioni: “Al Cpr di via Corelli stanno violando il diritto di difesa delle persone”;Milano, le associazioni: “Con il covid, al Cpr di via Corelli stanno violando il diritto di difesa”, 9 December 2020, available at: https://bit.ly/3tMw0d1

[38] Affari Italiani, Migarnte positivo nel Cpr di Via Corelli, stop alle visite dei difensori, 5 February 2021, Available at: https://bit.ly/3eNcqsw.

[39] European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), available at: https://www.coe.int/en/web/cpt/italy.

[40] ASGI, In Limine, Il valico di frontiera aeroportuale di Malpens, La privazione della libertà dei cittadini stranieri in attesa di respingimento immediato, available in Italian at: https://cutt.ly/wyO73RG.

[41] CittAgorà, “CPR la Garante comunale per i detenuti monitora le condizioni di vita del centro, 21 January 2020.

[42]  Il Friuli, Il Garante visita il Cpr di Gradisca: “Situazione tesa”, 20 January 2020.

[43]  Civil Court of Milan, decision of 23 February 2021, available at: https://bit.ly/3bopoLe

[44]  National Guarantor for detained persons, Report of 12 April 2021, p. 6.

[45] Article 14(2) TUI.

[46]  Article 21(1) and (2) PD 394/1999.

[47]  Article 7(5) Reception Decree.

[48]Guarantor for the rights of detained persons, report to Palriamen, March 2020

[49] Guarantor for the rights of detained persons, Rapporto sulle visite nei CIE e negli hotspot in Italia 2016/2017, 11 May 2017, 15.

[50] Human Rights and Migration Law Clinic (HRMLC), Uscita d’Emergenza, Rapporto sulla tutela della salute dei trattenuti nel CPR di Torino, December 2018, available in Italian at: https://cutt.ly/LyO747R.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation