Turin's CIE - International University College of Turin

More documents

Recommendations

Info

During B.’s third detention period he applied for international humanitarian protection, but two days before our interview he was issued a negative response. Based on the notification of the Commissione Territoriale’s (see glossary) decision that B. read to us, “the judge evaluating his danger to society ordered in 2009 that the applicant be removed from the country on the grounds of social danger” due to his criminal record. Moreover, the Commission had a strong suspicion B. did not have the family ties that he claimed to have because his paternity was not proven: “His declarations seem to be completely instrumental, also after considering the dates of birth of the two children to whom he declares to be the biological father”. A few days after we interviewed B., his cell-mates reported to us that B. had been put in isolation, waiting to be moved to the CIE in Gradisca d’Isonzo, which is 515 km away in North-Eastern Italy. We were unable to ascertain whether there was a reason for this abrupt transfer. Moreover, B. was one of the few detainees who received regular visits from his family. Two days later, we discovered that on the day that B. found out he was being transferred he had urgently tried to contact us. As soon as we discovered this, we immediately tried to contact him via his mobile telephone but our attempts were useless. Gradisca’s CIE is the only immigration detention centre in Italy where detainees are not allowed to use their mobile telephones. We contacted the local Questura and the Immigration Office inside Gradisca’s CIE to ask whether we could speak with B. However, an official explained to us that inside Gradisca’s CIE detainees are not only prohibited from using their mobile phones, but they cannot receive phone calls from the outside at all. They can only make phone calls from the public telephones located inside the centre and in conformity with Decreto Ministeriale 15 gennaio 2001 they only receive a five-euro telephone card (Telecom Easy Africa) every ten days. Given the fact that CIE staff could not put us directly in contact with B., we asked the official to give him our contact details. Unfortunately, we have not been able to talk with B. again. ● ● ● 30 | P a g e
III. PRISON AND CIE 1. IDENTIFICATION PROCEDURES FOR PRISONERS AND ACCESS TO LEGAL INFORMATION A significant proportion of the detainees who were interviewed had been detained in jail and later transferred to CIE after finishing their jail sentences. The ex-prisoners who participated in the study had been released from prison in order to face a new deprivation of liberty that nonimmigrant prisoners do not face. There are many cases where detainees were completely unaware that after jail they would be taken to CIE. These detainees thought they had repaid their debt to society and that they would be finally free: "After five years of prison they told me to be prepared, because I was going to be released, but I was taken to Questura [...] and after three hours they explained to me that I had to be identified and that they were going to take me in CIE [...] I didn't know what CIE was" (Interview 25). CIE is not a prison, or at least it should not be. Yet, the evidence described in the following section reveals that the reality of CIE is no different from prison and generally CIE is even worse. In CIE the limitation to personal freedom is coupled with more severe living conditions and isolation from the outside world, which is exacerbated by the lack of activities or education opportunities. In Italy there is no specific act of parliament to address the issue of whether a person in criminal custody should be identified and have any barriers to expulsion removed while they are still in criminal custody. However, on 30 July 2007 the Direttiva Interministeriale del Ministero dell’Interno e del Ministero della Giustizia (Inter-ministerial Directive by the Ministry of the Interior and the Ministry of Justice) 50 was signed by former Minister of the Interior Giuliano Amato and former Minister of Justice Clemente Mastella, in order to establish an alternative measure whereby identification and deportation would occur without passing through centres for temporary detention (CPTs) 51 . The procedure suggested a strict collaboration between prison authorities and Questura in order to identify migrants during their detention in prison. After migrants were identified, the Ministerial Directive aimed to transfer them to another prison that was as close as possible to the place of deportation so that they would be repatriated upon release. Furthermore, the Ministerial Directive provided that authorities, upon Questura’s request, should concentrate all foreigners of the same nationality in prisons that are located near their diplomatic representatives in order to facilitate collaboration. This kind of directive is not strictly obligatory because it is a ministerial proposal. However, the notion behind such proposals is that the Ministry is expressing guidance on an issue that will then be made into a legal rule. Nevertheless, this Ministerial Directive does not appear to be applied in Turin and often nothing is done to try to identify a person during their prison sentence. According to Direttiva del Ministero della Giustizia 30 luglio 2007, Questura should be promptly informed when there is a final judgement that imprisons an irregular migrant. This would make it possible to immediately start the identification procedure. It is important to remember that detention in CIE should not be the rule but rather only the least preferred remedy 52 . If there is any chance to avoid a person’s detention in CIE, then this should be taken into account. If identification occurred in prison it could avoid subsequent periods of CIE detention, or at least prior identification could reduce the necessary period of administrative detention: 50 Direttiva Interministeriale del Ministero dell’Interno e del Ministero della Giustizia firmata il 30 luglio 2007. Inter-ministerial Directive by the Ministry of the Interior and the Ministry of Justice, signed 30 July 2007. 51 CPT is the old name for the Italian identification centres that existed before the CIE system. 52 Directive 2008/115/EC, Article 15(1). 31 | 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 and 24: 3. THE BEST INTERESTS OF THE CHILD?
Page 25 and 26: join them 37 . We also received ane
Page 27 and 28: International Law 4. COMMUNICATION
Page 29 and 30: “2.2 Upon the request of the inte
Page 31: ● ● ● B.’S STORY (INTERVIEW
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 [
Page 75 and 76: “Your repatriation does not depen
Page 77 and 78: XII. CIE, POLITICAL ASYLUM AND INTE
Page 79 and 80: humane with respect shown for the i
Page 81 and 82: asylum law 163 . In addition, decis
Page 83 and 84:
administratively entered onto offic
Page 85 and 86:
● ● ● E.’S STORY (INTERVIEW
Page 87 and 88:
P A R T D . O T H E R M A T T E R S
Page 89 and 90:
87 | P a g e XIV. CLASSIFYING IDENT
Page 91 and 92:
● ● ● G.’S STORY (INTERVIEW
Page 93 and 94:
P A R T E : C O N C L U S I O N XV.
Page 95 and 96:
XIV. XV. XVI. XVII. There are endem
Page 97 and 98:
Gratuito patrocinio Gratuito patro
Page 99 and 100:
APPENDIX 3: THE INTERVIEW FORMS INT
Page 101 and 102:
12. Routine Could you please descri
Page 103 and 104:
If yes, please describe that time a
Page 105 and 106:
□ Intrusive and discomforting tho
Page 107 and 108:
3. Space Can you please describe th
Page 109 and 110:
APPENDIX 4: THE CONSENT FORM CONSEN
Page 111 and 112:
Council Directive 2003/86/EC of 22
Page 113 and 114:
Chahal v. The United Kingdom, 70/19
Page 115 and 116:
Books/ Articles/ Reports Akandji-Ko
Page 117 and 118:
. European Migration Network (ed.),
Page 119:
117 | P a g e
show all

Turin's CIE - International University College of Turin

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?