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“The decree is also delivered with a translation, but there are also cases of illiteracy - which means it is not possible [for illiterate detainees] to know why they are in detention” (Interview 5); “Yes, they explain to them [the detainees] when they come inside, but there are not so many interpreters and they are not always there, they have particular hours. So, in theory they all know why they are there and they know that they are without papers, without documents. But, precisely what kind of conditions, how long they will stay inside, this is something which is not so properly clear. So, you have to explain to them pretty well. I also think that it is not in the interests of the structure to let them understand really well that they can stay for eighteen months. Because there are so many riots and they [the authorities] are afraid that if they are clear they will create anxiety and so on. So, in the beginning they are given this paper […]” (Interview 7). Surprisingly, sometimes detainees only discover the motive for their detention at their validation hearing. Yet, a situation where a detainee only finds out about the allegations made against them during their hearing severely calls into question the level of legal advice or case preparation which that detainee receives before their liberty is decided by the Giudice di Pace 106 . 106 A Giudice di Pace is a non-specialist small-claims judge who is in charge of resolving minor cases or disputes under civil, administrative or criminal law. In Italian, a Giudice di Pace is commonly called an “honorary judge” (giudice onorario) who is appointed by the Minister of Justice. Giudici di Pace are paid proportionally based on the number of matters that they decide, rather than the amount of time that they spend hearing and deliberating over matters. Selection is based on qualifications and generally the selected Giudici di Pace are law graduates who have obtained the qualification to practice law or who have exercised judicial functions. Unlike in some jurisdictions, in Italy it is not necessary to have years of experience as a lawyer or barrister before undertaking the Giudice di Pace role. The only further requirement is that a Giudice di Pace must be between thirty and sixty-five years of age. In criminal matters the Giudice di Pace does not have the power to imprison a person. 62 | P a g e
IX. AN OVERVIEW OF THE ITALIAN LEGAL AND PROCEDURAL FRAMEWORK 1. LEGAL FRAMEWORK ON FAIR HEARINGS International Law Italy has ratified numerous international and European human rights laws that function to ensure fair hearings and access to legal remedies. Article 10 UDHR states: “Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” Council of Europe The Article 13 ECHR right to an effective remedy 107 and the Article 5 ECHR right to liberty and security of person 108 provide procedural safeguards that must be respected in immigration matters. In 2010 the Council of Europe’s Parliamentary Assembly published a report titled The Detention of Asylum Seekers and Irregular Migrants in Europe 109 , which established ten guiding principles on the legality of detention of asylum seekers and irregular migrants. One of the guiding principles was: “Detention shall be carried out by a procedure prescribed by law and authorised by a judicial authority and subject to a judicial periodic review”. European Union Law Chapter III of EU Directive 115/2008/EC outlines procedural safeguards in irregular migration cases. For example, articles 12(1), 13(1) and 13(3) state: Italian Law “12(1) Return decisions and, if issued, entry-ban decisions and decisions on removal shall be issued in writing and give reasons in fact and in law as well as information about available remedies. […]” “13(1) The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in Article 12(1), before a competent judicial and administrative authority or a competent body composed of members who are impartial and who enjoy safeguards of independence.” “13(3) The third-country national concerned shall have the possibility to obtain legal advice, representation and, where necessary, linguistic assistance.” The Italian legal provisions concerning hearings are found in Decreto Legislativo 286/1998, which stipulates that the following must occur when migrants are issued an expulsion decree: 107 See Part C. Judicial and Legal Processes, Chapter VIII. Understanding what CIE Is. 108 See Part B. Conditions of Detention, Chapter VI. Relationships with CIE Staff. 109 Parliamentary Assembly, The Detention of Asylum Seekers and Irregular Migrants in Europe, Report by the Committee on Migration, Refugees and Population, Doc.12105, 11 January 2012. 63 | P a g e
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2012 BETWIXT AND BETWEEN: TURIN’S
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BETWIXT AND BETWEEN: TURIN’S CIE
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EXECUTIVE SUMMARY This report inves
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“I would like that centre to disa
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2. Experiences of Medical Care Insi
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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 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
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Page 51 and 52: 6. USE, MISUSE AND ABUSE OF PSYCHOT
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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: crime of prostitution. So, they alw
Page 67 and 68: consider more than merely whether a
Page 69 and 70: that “personal liberty is inviola
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Page 73 and 74: language support in a similar way [
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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
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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.
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Page 113 and 114: 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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