Turin's CIE - International University College of Turin

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IV. There is an urgent need to improve the relationship between the Italian authorities and the foreign authorities in Italy. V. Evidence suggests that the military and police personnel inside Turin’s CIE have not had sufficient training on European and international human rights law, or on working with culturally and linguistically diverse communities, asylum seekers and victims of torture and trauma. VI. VII. VIII. IX. The Giudice di Pace is an institution that has been built to deal with limited smallclaims matters. It is highly concerning that this forum is being used to decide cases involving personal freedom and liberty. In immigration matters where the liberty of a person is at stake, there is no provision for a merits-based appeal (apello nel merito) of a validation hearing. The only manner in which a decision made by a Giudice di Pace in a validation hearing may be challenged is via an appeal to the Corte di Cassazione for judicial review. However, appellants to this Court generally face significant delays in having their case heard and time is clearly of the essence for appellants living in immigration detention. Turin’s CIE does not contain separate channels for consular visitors, lawyers, family members and other visitors, leading to a situation plagued with excessive waiting times and delays. The Decreto Ministeriale 15 gennaio 2001 is being violated since Turin’s detainees are not being given the amount of telephone credit that is prescribed by this legally binding ministerial decree. This is especially egregious since the telephone is frequently detainees’ only means of accessing the world beyond the CIE and of keeping in touch with their loved ones. X. Although there is much to be reformed about the Italian prison system itself, the overwhelming consensus among CIE detainees who have previously been in Italian prisons, is that prison is by far a better environment than CIE, which to a large extent goes to show how reprehensible Turin’s CIE is. XI. XII. XIII. In order to avoid the possibility of extra CIE detention after jail, if a person is sentenced to prison and if that person faces a reasonable prospect of deportation, then the public authority should begin the identification procedure as soon as possible after criminal detention. There are insufficient activities and a lack of education and training opportunities inside Turin’s CIE. Often migrants are not taken to the CIE that is closest to where their friends and family reside. This can result in separation from children, family and friends who live in Italy, and it calls into question Italy’s application of international and European legal principles on the right to family life and the best interests of the child. 92 | P a g e
XIV. XV. XVI. XVII. There are endemic delays in providing medical assistance and medical examinations to detainees. The research indicates that this is a systemic problem caused by the procedure through which detainees access health care inside CIE. There is strong evidence to indicate the high misuse of psychotropic medication in Turin’s CIE. There are extremely worrying rates of self-harm by detainees inside Turin’s CIE. There is insufficient independent monitoring of immigration detention facilities in Italy and the current state of affairs does not meet Guideline IV(89) under the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment’s CPT Standards 200 . Over the course of our report we have found that the human rights violations at Turin’s CIE are so endemic and pervasive that they call into question the very existence of such structures and at the very least require a concerted attempt at re-examining the purpose and intended functions of the CIE and the wide gap between the former and reality. We will refrain from enunciating a final opinion on the same, except to say that even within our research group there was no consensus as to what steps should be taken in the future. However, we did unanimously agree that the present state of affairs is singularly untenable. The medical facilities inside Turin’s CIE are woefully inadequate, families are torn apart and the legal safeguards are respected more in the breach. The people inside CIEs are not serving time due to criminal punishment. Rather, they languish in these structures owing to a systemic lack of support from their country of nationality and their country of residence and they are in many ways stuck in limbo: betwixt and between. ● ● ● 200 “(IV)(89) Independent monitoring of detention facilities for irregular migrants is an important element in the prevention of ill-treatment and, more generally, of ensuring satisfactory conditions of detention. To be fully effective, monitoring visits should be both frequent and unannounced. Further, monitoring bodies should be empowered to interview irregular migrants in private and should examine all issues related to their treatment (material conditions of detention, custody records and other documentation, the exercise of detained persons’ rights, health care, etc.).”, European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, Council of Europe, CPT Standards. 93 | 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
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the crucial European Convention for
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esearch group was able to interview
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collected during the interviews. As
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iv. The length of the detention mus
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must take into consideration the be
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3. THE BEST INTERESTS OF THE CHILD?
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join them 37 . We also received ane
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International Law 4. COMMUNICATION
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“2.2 Upon the request of the inte
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● ● ● B.’S STORY (INTERVIEW
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III. PRISON AND CIE 1. IDENTIFICATI
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Moreover, the space and facilities
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IV. DAY-TO-DAY ISSUES Council of Eu
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themselves. There is one basin and
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More simple problems such as dirty
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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
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: P A R T E : C O N C L U S I O N XV.
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
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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.),
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