light of the Constitutional provision (Article 13) and in compliance with the conditions
required by Article 5 of the ECHR.
As is clear “The range of action of the National Guarantor in the area of deprivation of personal
liberty of migrants has therefore expanded both in terms of an increase in the number of
persons holding rights to be supervised, and in terms of extension of the network of structures
to be monitored” (Report to Parliament 2018 - National Guarantor for the rights of persons
detained or deprived of liberty).
1.1 The activity of the National Guarantor
Since its designation, the National Guarantor has been able to count on the effective
collaboration of the Ministry of the Interior and, in particular, of the Central Directorate for
Immigration and Border Police of the Public Security Department which shares all information
related to forced return operations organized on the national territory mainly by charter
(national or joint), or with commercial flights, in real time and on a daily basis.
On the basis of the information shared by the Public Security Department, the National
Guarantor identifies the sample of operations to be monitored directly and sends its own
specially trained officials to act as monitors.
In carrying out its task, the monitor has full access to the places and documentation of the
operation. The monitor also has the opportunity to speak with the returnees and the escort
operators. Monitoring covers every area of the operation or of the specifically monitored phase,
such as communications to returnees and their accessibility, meals and beverages
administered, security checks, possible coercive measures, consular hearings (if provided for
during the monitored phase), etc.
The observation activity is oriented and supported by a special checklist that identifies the
areas of attention, the most important structural and procedural aspects and the information
to be acquired to assess compliance with the fundamental rights of the persons subjected to the
forced return operation.
At the end of each mission, a report is also prepared on the operation containing the
recommendations that the National Guarantor addresses to the Public Security Department of
the Ministry of the Interior.
Furthermore, since April 2017, the work of the National Guarantor has received the support of
additional financial resources made available by the Asylum, Migration and Integration Fund
(AMIF) 2014/2020 of the Ministry of the Interior through the project “Implementation of a
forced return monitoring system” managed by the Guarantor.
Thanks to this project, a series of experts have been recruited to work alongside the Guarantor
in this delicate task, such as, for example, an expert in international protection of human rights,
an expert in legal issues concerning immigration and asylum law, a doctor experienced in the
application of the 2004 UN Istanbul protocol and a cultural mediation service.
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