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If a CIE detainee has children, then that detainees’ validation or extension hearing will nearly always be subject to the “best interests of the child” test under Article 3(1) CRC 32 . Validation and extension hearings are administrative decisions “concerning children” because when a parent is detained their child suffers a long separation from that parent, for what is often months of CIE detention or even years of separation after a forced deportation. Similarly, if Prefetto 33 or the Ministry of the Interior (Ministro dell’Interno) issues a return decision 34 (deportation order) then they are also obliged to give primary consideration to the best interests of the irregular migrant’s children when they decide whether or not it would be more appropriate to issue a decree for voluntary departure 35 instead of detaining that migrant in an Italian CIE. It is worthwhile to recall that under EU Directive 2008/115/EC, State Parties should only use immigration detention as a last resort. States should promote voluntary departure by establishing a general rule that “[a] return decision shall provide for an appropriate period for voluntary departure of between seven and thirty days” 36 where there is no reason to believe that this would undermine the purpose of the return procedure. There is strong evidence to suggest that some administrative decision makers are not adhering to their legal obligation to consider the best interests of the child as the primary consideration. Firstly, there are situations that strongly suggest that the administrative decision maker did not make a considered decision about whether detention of the parent is justifiable. Secondly, there are questions as to whether administrative decision makers could be considering the best interests of a child as a primary consideration in cases where they have detained a parent in a CIE that is a long way from the region in Italy where the child lives. For instance, we interviewed one lady whose nine-year-old daughter lives in Rome. The girl had not been able to visit her mother because of the distance between Rome and Turin (670 km). The daughter was born in Italy, attends school in Rome and resides with the grandmother who has a valid permit to live in Italy: “The problem is that I am stressed because I cannot see my daughter […] I want to die, because I miss my family too much” (Interview 11). One of the two detainees who had actually seen their family since being detained spoke of the difficult financial burden that now stopped his wife and daughter from being able to visit him: “Also, she [my wife] cannot come to visit me anymore. Previously, I could see my daughter and now I cannot see her anymore. They came to visit me three or four times [in the past]. My ex and my son also came to visit. I have a good relationship with them” (Interview 20). This detainee had lived in Italy for twenty years and he was one of the few detainees with family in the Piedmont region. He was in his third month of CIE detention and separation from his two children. Families are also broken up across the European Union. One detainee without EU citizenship had been in CIE for five months despite the fact that his EU citizen wife and his child both currently live together in Poland after leaving Italy and they would like him to come to Poland to 32 An exception might exist in rare cases where the detainee is parent to a child for whom they have no prior contact. However, the administrative decision maker will still need to consider, as the primary consideration, what the best interests of that child would be. 33 The Prefetto is the head of the Italian Prefettura (see glossary). 34 Article 3(4) of Directive 2008/115/EC defines a “return decision” as “an administrative or judicial decision or act, stating or declaring the stay of a third-country national to be illegal and imposing or stating an obligation to return”. 35 Article 3(8) of Directive 2008/115/EC defines “voluntary departure” as “compliance with the obligation to return within the time-limit fixed for that purpose in the return decision”. 36 Directive 2008/115/EC, Article 7(1). 22 | P a g e
join them 37 . We also received anecdotes of EU citizen parents being separated from their children: “This is a problem. Many of them have children and their family members have to take care of them. If they don’t have family, well, all those I met had a family. I remember I met a lady who was Roma. She told me that she had a family in Milan: “my children are there, I don’t know how they are”, but she was telling me that her children were with her husband but she was arrested. After some time they released her. It’s very difficult to understand why she was arrested since she was an EU citizen, I even asked the question. I was told that anyone can be inside even if they are [EU citizens], you know” (Interview 3). United Nations Committee on the Rights of the Child, General Comment No. 12 (2009): The Right of the Child to be Heard 38 clarifies that in order to comply with the participation requirement under Article 12 CRC: “All States parties should develop administrative procedures in legislation which reflect the requirements of article 12 and ensure the child’s right to be heard along with other procedural rights, including the rights to disclosure of pertinent records, notice of hearing, and representation by parents or others.” 37 This was another case where it was ambiguous whether the marriage was registered under law or whether it was a religious marriage. 38 United Nations Committee on the Rights of the Child, General Comment No. 12 (2009): The Right of the Child to be Heard. 55 th sess. UN Doc. CRC/C/GC/12, 1 July 2009. 23 | P a g e
Page 1 and 2: 2012 BETWIXT AND BETWEEN: TURIN’S
Page 3 and 4: BETWIXT AND BETWEEN: TURIN’S CIE
Page 5 and 6: EXECUTIVE SUMMARY This report inves
Page 7 and 8: “I would like that centre to disa
Page 9 and 10: 2. Experiences of Medical Care Insi
Page 11 and 12: P A R T A . I N T R O D U CTION AND
Page 13 and 14: the crucial European Convention for
Page 15 and 16: esearch group was able to interview
Page 17 and 18: collected during the interviews. As
Page 19 and 20: iv. The length of the detention mus
Page 21 and 22: must take into consideration the be
Page 23: 3. THE BEST INTERESTS OF THE CHILD?
Page 27 and 28: International Law 4. COMMUNICATION
Page 29 and 30: “2.2 Upon the request of the inte
Page 31 and 32: ● ● ● B.’S STORY (INTERVIEW
Page 33 and 34: III. PRISON AND CIE 1. IDENTIFICATI
Page 35 and 36: Moreover, the space and facilities
Page 37 and 38: IV. DAY-TO-DAY ISSUES Council of Eu
Page 39 and 40: themselves. There is one basin and
Page 41 and 42: More simple problems such as dirty
Page 43 and 44: anything that can be used as a weap
Page 45 and 46: the hearing and - unless the doctor
Page 47 and 48: Cross staff to go and inform the do
Page 49 and 50: “Sometimes requests are underesti
Page 51 and 52: 6. USE, MISUSE AND ABUSE OF PSYCHOT
Page 53 and 54: One interesting fact that emerged f
Page 55 and 56: detainees are completely dependent
Page 57 and 58: agents. All of the CIE staff are su
Page 59 and 60: people fight and then more people g
Page 61 and 62: “6(1) In the determination of his
Page 63 and 64: crime of prostitution. So, they alw
Page 65 and 66: IX. AN OVERVIEW OF THE ITALIAN LEGA
Page 67 and 68: consider more than merely whether a
Page 69 and 70: that “personal liberty is inviola
Page 71 and 72: 2. LEGAL AID The relationship betwe
Page 73 and 74: language support in a similar way [
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“Your repatriation does not depen
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XII. CIE, POLITICAL ASYLUM AND INTE
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humane with respect shown for the i
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asylum law 163 . In addition, decis
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administratively entered onto offic
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● ● ● E.’S STORY (INTERVIEW
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P A R T D . O T H E R M A T T E R S
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87 | P a g e XIV. CLASSIFYING IDENT
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● ● ● G.’S STORY (INTERVIEW
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P A R T E : C O N C L U S I O N XV.
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XIV. XV. XVI. XVII. There are endem
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Gratuito patrocinio Gratuito patro
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APPENDIX 3: THE INTERVIEW FORMS INT
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12. Routine Could you please descri
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If yes, please describe that time a
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□ Intrusive and discomforting tho
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3. Space Can you please describe th
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APPENDIX 4: THE CONSENT FORM CONSEN
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Council Directive 2003/86/EC of 22
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Chahal v. The United Kingdom, 70/19
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Books/ Articles/ Reports Akandji-Ko
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. European Migration Network (ed.),
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