Italy: Abuse of migration-related detention in punitive conditions deprives people of freedom and dignity

• Asylum seekers and migrants illegally detained in violation of their right to liberty
• Punitive terms are under international law and standards
• Italian law and practice are inconsistent with international obligations and violate the rights to asylum and access to justice
• Amnesty International's concerns are increasingly urgent in light of Italy's decision to build detention centers on Albanian territory.

In Italy, migrants and people seeking asylum are being unlawfully deprived of their liberty in detention centers that fall below international standards, Amnesty International said today in its new public statement, Liberty and Dignity: Amnesty International's observations on the administrative detention of migrants and asylum-seeking people in Italy.

Detention should be exceptional and as a measure of last resort. However, in the centers we visited, we encountered racialized people who should never have been detained. People with severe mental health problems. People who seek asylum because of their sexual orientation or political activism, but who come from countries that the Italian government has arbitrarily designated as safe. People with caring responsibilities or fleeing gender-based violence or labor exploitation. These unnecessary detention orders wreak havoc on people's lives, health and families, said Amnesty International's Deputy Regional Director for Europe, Dinushka Dissanayake.

In 2023, the Italian government adopted measures aimed at expanding the use of the migration-related ban. They included plans to build new detention centres, extend the maximum repatriation detention time to 18 months and implement border procedures for people seeking asylum from safe countries, resulting in people being automatically detained based on their nationality. theirs. , contrary to international law which requires an individual assessment.

In light of these developments and ongoing reports of substandard conditions of detention and treatment, Amnesty International visited two detention centres, Ponte Galeria (Rome) and Pian del Lago (Caltanissetta) in April 2024. At the centres, delegates met people from Tunisia, Iran, Georgia, Morocco, Peru, Egypt, Gambia and China, among others. Amnesty International's public statement details the findings of the visits and highlights information gathered through meetings with authorities, lawyers and representatives of civil society organisations.

The failure of the Italian authorities to create an effective system of alternatives to detention, combined with an insufficient legal process overseen by lay judges, is leading to an abuse of detention. Italy's laws and practices are inconsistent with international law and standards and result in violations not only of the right to liberty, but also of the rights to asylum, effective recourse and legal assistance, Dinushika Dissanayake said.

Amnesty International also found that conditions inside the centers did not comply with applicable international law and standards. Administrative detention related to migration should not have a punitive character and should not impose prison-like conditions. Despite this, the centers visited by Amnesty International appeared extremely restrictive, bare and inadequate in terms of health and safety.

People could not move freely even within the structures and required authorization and escort from the police. The furniture and bedding were extremely basic, with foam mattresses placed on concrete beds. The bathrooms were in poor condition and sometimes had missing doors. Light switches were turned on and off by guards and windows were hermetically sealed. Personal smartphones were prohibited.

People are forced to spend all their time in enclosures, in conditions that are in many ways worse than prison, and are denied some autonomy. Despite long periods of detention, there is an almost total lack of activities, which, combined with a lack of information about their future, leads to great psychological damage among detained persons, Dinushika Dissanayake said.

These conditions violate people's right to dignity and should be improved by the Italian authorities. Plans to build new centers in Italy, combined with the introduction of mandatory border procedures under the EU's Migration and Asylum Pact and the future implementation of The Italy-Albania agreementtake increasingly urgent action to prevent further violations of international law that will affect increasing numbers of people.

Migration-related detention should only be used in the most exceptional circumstances. Where necessary and proportionate, alternative and less restrictive measures should always be considered first. People seeking international protection should not be stopped, said Dinushka Dissanayake.

In exceptional cases for which detention is considered necessary and proportionate, rigorous and regular assessments of people's suitability for detention should be carried out by the Italian authorities. The government must also ensure that conditions in detention centers respect human dignity, providing accommodation and adequate, safe opportunities for individuals to be in contact with the outside world and use their time in meaningful ways. A major departure from the current punitive approach to migration control policies is badly needed.

Background

Amnesty International visited Italy from 8 to 13 April 2024 to gather information on the respect and protection of human rights in immigration detention centres. Delegates visited the CPRs of Ponte Galeria (Rome) and Pian del Lago (Caltanissetta), where they were able to speak with public safety officials and operators employed at the facilities and conduct private interviews with people in custody.

On 11 June, Amnesty International sent a letter to the Italian Ministers of the Interior, Justice and Health, detailing the findings of its research and offering an opportunity to respond. On June 24, the Department for Civil Liberties and Immigration and the Department for Public Safety of the Ministry of the Interior gave separate responses, their content is reflected in the public statement.