Turin's CIE - International University College of Turin

must take into consideration the best interests of the child, family life and health of the people
concerned 22 .
2. CIE DETAINEES WITH STRONG FAMILY AND PRIVATE LIVES IN ITALY
In the course of this research, we interviewed some detainees who had been married to or had
children with Italian or EU citizens. A person without documents has the right to marry in
Italy 23 . Moreover, the Article 8 ECHR right to family and private life can include unmarried
couples 24 . During this research it was often unclear whether the detainees who were married to
Italian or other EU citizens had been married via official legal means, or whether they had been
married in religious or community ceremonies without an accompanying Italian legal marriage
registration process.
One detainee moved to Italy in 2006 with her Italian ex-husband, to whom she was legally
married at the time of her arrival. She seemed to be very integrated in Italy, having worked in
Milan’s fashion industry as well as in hospitality. Her current partner is also Italian, although
they are not married. She had a valid identity card and she was confused about how it was
possible to have a valid identity card without a permit to stay. In fact, the detainee had hosted a
house party and she herself had called the police because an unwelcome guest was too drunk
and refused to leave her house. The police then checked everyone’s documents and found that
the host’s own permit to stay had in fact expired and she was transported to CIE.
Another detainee explained that he had been living in Italy on a long-term basis with an Italian
wife:
“When I arrived in Italy I was without documents, then I married an Italian girl and I had a
permit to stay. I returned to my country and then I returned to Italy without problems. I
also worked here with my wife, we had a bar. The police however came to the bar and
caused a racket. I fought with them and I gave a slap to the officer. They sent me to prison
where I did some months [two months] and then house arrest. After prison [in 2007] I still
had my permit to stay. However they’d had it with me and they made me close the bar. I
made a request for a permit to stay the last time in 2010. However, they refused to give me
the permit to stay and with my lawyer we appealed. Now in 2012 I am waiting for a
response. Then two months ago the police stopped me on the street, but I had left my wallet
at home. I told them to accompany me home to take the documents but they took me to the
barracks and from there to Questura 25 and from there to CIE” (Interview 27).
Sometimes both a husband and wife are detained in CIE:
“There has been one case of a Tunisian couple who spent more than six months inside CIE.
They were detained in separate areas but in the evening CIE staff let them meet and talk a
little bit and then brought them back to their areas. After six months they were both
repatriated to Tunisia” (Interview 2).
22 Directive 2008/115/EC, Article 5 and Introductory Principle 22.
23 Corte Costituzionale, sentenza del 20 luglio 2011, n. 245. Italian Constitutional Court, judgment of 20 July
2011, n. 245.
24 X v. Switzerland, 8257/1978/13 DR 248, Council of Europe: European Court of Human Rights, 10 July 1978.
25 The Questura is an office of the Polizia di Stato that is under the authority of the Ministry of the Interior and
is competent in the territory of the province (Provincia) where it is located. Questura’s main function consists in
maintaining order and ensuring public security within the territory of the province.
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