Place of detention

Italy

Country Report: Place of detention Last updated: 30/11/20

Author

Pre-removal detention centres (CPR)

 

Under the Reception Decree, asylum seekers can be detained in CPR where third-country nationals who have received an expulsion order are generally held.[1]

According to the Ministry of Interior, seven pre-removal centres of the existing 9 are currently operational, following the re-purposing of the hotspot of Trapani into a CPR. The CPR of Potenza was urgently opened by the end of January 2018 and made operational shortly thereafter. The pre-removal centre of Caltanissetta was closed in the first few months of 2018 due to the damages caused by an internal uprising, and reopened in December 2018, with a capacity of 96 persons.

The latest data available on capacity of CPR and persons detained therein are as follows, updated at 21 October 2019[2]:

Capacity and detentions by CPR

CPR

Official capacity[3]

Persons detained in 2019

Brindisi

48

Not available

Bari

126

Not available

Caltanissetta

96

Not available

Rome

250

Not available

Turin

  210

Not available

Potenza

150

Not available

Trapani

205

Not available

Total

1,085

Not available

Source: Ministry of Interior

 

By the end of December 2019 and in early January 2020 other CPR started their activity:

  • Gradisca d'Isonzo, Gorizia, Friuli-Venezia Giulia: already previously used as a Centre for Identification and Expulsion (CIE) opened again on 16 December 2019.[4] The first people detained were moved there after a fire partially destroyed the CPR of Bari. [5] By the end of December it was hosting around 60 people but its capacity is for 150 people.
  • Macomer, Cagliari, Sardinia: the CPR has been set up in a former prison and it started its activity on 20 January 2020. The contract was awarded to the ORS Italia Company belonging to the Swiss ORS Company. [6]

The opening of further CPR is planned in:

  • Milan, Lombardy: 140 places should be provided in a building on Via Corelli, already previously used as CIE;[7]
  • Heard in Parliament on 20 November 2019, the Ministry of Interior anticipated the next reopening of the former prison Oppido Mamertina, Reggio Calabria, and informed about negotiations for the rental of the property of the former CIE of Modena, Emilia-Romagna.[8]

The opening of the former Caserma Serini, Montichiari, Brescia, Lombardy, has no longer been mentioned.

Decree Law 13/2017, implemented by L 46/2017, had foreseen the extension of the network of the CPR to ensure the distribution across the entire national territory.[9] In order to speed up the implementation of CPR, Decree Law 113/2018 encourages the use of negotiated procedures, without tender, for works whose amounts are below the EU threshold relevance and for a maximum period of three years.[10]

 

Hotspots

 

As described in the Hotspots section, there are four operating hotspots, where 379 persons were present as of 21 October 2019.[11] In September 2018, the hotspot of Trapani was converted into a CPR.

 

Hotspot

Capacity

Lampedusa

96

Pozzallo

234

Taranto

400

Messina

160

Total

890

 

 

The Reception Decree does not provide a legal framework for the operations carried out in the First Aid and Reception Centre (CPSA) now converted into hotspots. Both in the past and recently in the CPSA, in the absence of a legislative framework and in the name of unspecified identification needs, asylum seekers have been unlawfully deprived of their liberty and held for weeks in conditions detrimental to their personal dignity. The legal vacuum, the lack of places in the reception system and the bureaucratic chaos have legitimised in these places detention of asylum seekers without adopting any formal decision or judicial validation.

In the case of Khlaifia v. Italy, the European Court of Human Rights (ECtHR) has strongly condemned Italy for the detention of some Tunisians in Lampedusa CPSA in 2011, noting the breach, to them, of various rights protected by ECHR. In particular, the Court found that the detention was unlawful, and that the conditions in which the Tunisians were accommodated – in a situation of overcrowding, poor hygienic conditions, prohibition of contacts with the outside world and continuous surveillance by law enforcement, lack of information on their legal status and the duration and the reasons for detention – constituted a violation of Article 3 ECHR, the prohibition of inhuman and degrading treatment, and of Article 5 ECHR, in addition to the violation of Article 13 ECHR due to the lack of an effective remedy against these violation.[12] The Grand Chamber judgment of 15 December 2016 confirmed the violation of such fundamental rights.[13]

Although the new Article 6(3-bis) of the Reception Decree foresees the possibility of detention for identification purposes in specific places, such places are not specified and they will not be identified by law. In a Circular issued on 27 December 2018, the Ministry of Interior specified that it will be the responsibility of the Prefects in whose territories such structures are found to identify special facilities where this form of detention could be performed. At the time of writing, such facilities have not yet been identified.

According to ASGI, detention in facilities other than CPR and prisons violates Article 10 of the recast Reception Conditions Directive, which does not allow any detention in other locations and also because in these places, the guarantees provided by this provision are not in place. According to ASGI, the amended Reception Decree also violates Article 13 of the Italian Constitution, since the law does not indicate the exceptional circumstances and the conditions of necessity and urgency allowing, according to constitutional law, for the implementation of detention. Moreover, the law makes only a generic reference to places of detention, which will be not identified by law but by the prefectures, thus violating the “riserva di legge” laid down in the Article 13 of the Constitution, according to which the modalities of personal freedom restrictions can be laid down only in legislation and not in other instruments such as circulars.[14]

 

Transit zones

 

During visits carried out in early 2019 at the Rome Fiumicino and Milano Malpensa airports, the national Guarantor for detained persons found that, in 2018, 260 people, in the case of Rome and, 333 people, in the case of Milano, were held at the border crossing for over 3 days immediately after their arrival in Italy, as they were considered not entitled to enter the national territory. Some of them were held in these areas for 8 days.[15]

In both areas, as evidenced by the Guarantor, access to lawyers is effectively prevented.

Responding, on 10 October 2019, to an open letter from ASGI, the Ministry of Interior, Central Directorate for Immigration, has made it known that the staying even for several days in the transit area is not supposed to be considered as detention and therefore to have the defence rights guarantees related to detention because it is implemented as part of the immediate refoulement procedure that does not provide for jurisdictional validation.[16]

However, the Guarantor for detained persons concluded in his report that a de facto detention contrary to Articles 13 of the Italian Constitution and to Article 5 of the ECHR[17] was configurable in the situation where people were unable to enter Italy since they were notified an immediate refoulement measure and were obliged, at the disposal of the border police, to stay in special rooms in the transit area of the airports. This period of time varied according to the availability of flight connections with the place of origin.

Article 13 (5 bis) TUI, as amended by DL 113/2018,[18]introduced the possibility of detaining people, to be expelled after being in Italy, in suitable premises at the concerned border office.

Responding to ASGI requests, the air border police offices of Rome Fiumicino and Milan Malpensa communicated in early 2020 that still no premises have been identified within the transit areas of the two airports for the detention of those who have to be expelled and that therefore no detention measures had been carried out in these areas.[19]

However, the authorities attached to the answer related to Rome Fiumicino the project for the identification of the detention places.

 


[1]Article 6(2) Reception Decree.

[2]MOI; data obtained by Altreconomia.

[3] However MOI data shows that the actual capacity is of 708 total places.

[4] See Ansa Migranti: apre Cpr a Gradisca. Prefetto, fino a 150 posti. Circa 200 telecamere di sorveglianza, aggregati 50 militari', 16 December 2019, available in Italian at:  https://cutt.ly/xyO82wh.

[5] Il quotidiano Italiano, Bari rivolta al Cpr incendiati 3 moduli, migranti trasferiti e lavoratori a rischio, 19 December 2019, available in Italian at: https://cutt.ly/UyO82CW.Hurriya Fuoco e scontri nel CPR di Bari Palese, 15 December 2019, available in Italian at: https://cutt.ly/hyO898n.

[6] La Nuova Sardegna, Macomer, il nuovo CPR affidato alla società svizzera ORS, 16 December 2019, available in Italian at: https://cutt.ly/2yO83Ky.

[7] Linkiesta, ‘Migranti, ora il business si chiama detenzione e rimpatrio (e a fare i soldi sono i francesi)’, 14 February 2019, available in Italian at: http://bit.ly/2YwGPS7.

[8] Hearing in Parliament, Luciana Lamorgese, MOI, 20 November 2019,  available in Italian at: https://cutt.ly/oyO84e7.

[9] Article 19(3) Decree Law 13/2017 implemented by L 46/2017.

[10] Article 2(2) Decree Law 113/2018, implemented by L 132/2018.

[11]MOI, data obtained by Altreconomia.

[12]ECtHR, Khlaifia and Others v. Italy, Application No 16483/12, Judgment of 1 September 2015.

[13] ECtHR, Khlaifia and Others v. Italy, Grand Chamber, Judgment of 15 December 2016.

[14] ASGI, Manifeste illegittimita’ costituzionali delle nuove norme concernenti permessi di soggiorno per esigenze umanitarie, protezione internazionale, immigrazione e cittadinanza previste dal decreto-legge 4 ottobre 2018, n. 113, 15 October 2018, available in Italian at: http://bit.ly/2FCsyLW.

[15] Guarantor for detained persons report, available in Italian at: https://cutt.ly/PyO86HW.

[16] Letter from Ministry of Interior, 8 October 2019, available in Italian at: https://cutt.ly/WyO4qYF.

[17] Guarantor report, page 7. See also, Questione Giustizia, Zone di transito internazionali degli aeroporti, zon grigie del diritto, 9 December 2019, available in Italian at: https://cutt.ly/EyO4wL9.

[18] Article 13(5bis) as amended by Article 4 (1) DL 113/2018 converted by L. 132/2018 introduced the possibility of detaining the people to be expelled, pending the validation procedure and in the event of no availability of places at the CPRs, in structures in the availability of the Public Security Authority. Detention is ordered by the Magistrate (Giudice di Pace) at the request of the Questore with the decree which sets the hearing to validate the expulsion. After this hearing, the Magistrate, at the request of the Questore, may authorize further detention, for a maximum of 48 hours, in suitable premises at the border office concerned.

[19] Article 13 (5 bis) TUI.

 

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