Differential treatment of specific nationalities in detention

Italy

Country Report: Differential treatment of specific nationalities in detention Last updated: 02/07/24

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As of March 2023, the most represented countries of origin of individuals detained in CPRs were Tunisia (792 persons, representing almost 43% of CPRs’ population), Morocco (268 persons, 14%), Egypt (158, 9%) Nigeria (129, 7%) and Gambia (86 persons, 5%).[1] These numbers were similar to those registered in 2021, when the most the most represented countries of origin for CPR detainees were Tunisia (2,805 persons, representing almost 55% of CPRs’ population), Egypt (515 persons, 10%), Morocco (420 persons, 8%), Albania (219 persons, 4%) and Nigeria (215, 4%).[2]

Similar to what already noted in Differential treatment of specific nationalities in the procedure, it is to be reported that persons coming from specific countries – and especially Tunisia – are particularly targeted for what concerns detention. Tunisia is indeed by far the most represented nationality in CPRs, as well as the Country where most returns are carried out to.

In 2022, as reported by the Guarantor for the rights of detained persons, 6,383 people – 99% of them men – had been detained in CPRs, roughly 49% out of which (3,154) were actually returned. Tunisia is by far the most represented nationality amongst detained migrants and the country with the highest return rate (3,284 out of 6,383 detained migrants are Tunisians and 2,248 out of 3,154 returned migrants are returned to Tunisia).[3] As of March 2023, 1,850 migrants had been detained in CPRs, out of which 805 (less than 44%) were returned. Tunisia remains the most represented nationality (43%, followed by Morocco, whose nationals represent 14% of detained migrants) and the country where most of the returns (50%) take place.[4]

It has been noted how the speed with which returns to Tunisia continue being carried out has led to serious violations of the rights of Tunisian nationals transiting through CPRs, from the violation of the right to be informed about the possibility of applying for asylum, to the practice of not formalising applications for international protection, to, where an application for international protection is finalised, subjecting Tunisian asylum seekers to a fast track procedure.[5]

In the past, other nationalities have been targeted for detention and repatriation. This was the case of Nigeria: in 2017, the Moi issued a circular ordering the emptying of all immigration detention centres (at that time, these were still called CIEs) to make room for Nigerian nationals.[6] Record numbers of returns to Nigeria were registered in 2019, with 734 persons returned via 8 charter flights.[7] In 2022, 89 Nigerian nationals were repatriated, while as of 31 March 2023, 40 had been repatriated since January 2024, demonstrating a decrease in the number of repatriations to Nigeria.[8]

For an analysis of the phenomenon from a gender perspective, see section on Detention of vulnerable applicants.

 

 

 

[1] Report to Parliament Annexes to the yearly report of the National Guarantor for the rights of detained persons, June 2023, available at: https://rb.gy/r73ey6.

[2] Ibid.

[3] Ibid.

[4] Ibid.

[5] CILD, Buchi Neri, available in Italian at: https://bit.ly/3u710qg.

[6] Open Migration, Perché sono i nigeriani a venire rimpatriati più spesso, July 2017, available at: https://bit.ly/3tgbuV1.

[7] National Guarantor for the rights of detained persons, Relazione al Parlamento, June 2020, available in Italian at: https://bit.ly/3CPliIB.

[8] Report to Parliament Annexes to the yearly report of the National Guarantor for the rights of detained persons, June 2023, available at: https://rb.gy/r73ey6.

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