CAT/C/ITA/CO/5-6
25.
The State party should:
(a)
Clarify the legal basis for deprivation of liberty and the use of force to
obtain fingerprints from uncooperative asylum seekers and migrants;
(b)
Ensure that all allegations of excessive use of force in order to
fingerprint migrants and asylum seekers who resist the identification process are
investigated promptly, thoroughly and impartially, and that perpetrators are
prosecuted and punished;
(c)
Ensure that law enforcement officials receive appropriate professional
training, including on how to avoid excessive use of force and how to handle the
fingerprinting of uncooperative migrants and asylum seekers, and that authorities
develop explanatory materials for the persons being fingerprinted to minimize trauma;
(d)
Take the measures necessary to ensure appropriate reception conditions
for asylum seekers and irregular migrants;
(e)
Formulate clear guidelines and related training on the identification of
individuals in need of international protection, including torture and trafficking
victims, from among asylum seekers and migrants.
Monitoring of immigration detention facilities
26.
The Committee notes with concern that there have been instances where the regional
and local preventive mechanisms’ right of access to places of detention has been questioned
by the authorities, especially in relation to certain immigration centres and “crisis centres”.
Civil society organizations and municipal authorities also reported difficulties in accessing
reception centres for asylum seekers and migrants, be they publicly or privately managed.
27.
The State party should:
(a)
Guarantee that the National Authority for the Rights of Persons
Detained or Deprived of Personal Liberty and its regional counterparts are allowed to
visit all — and any suspected — places of deprivation of liberty, as set out in articles 4
and 29 of the Optional Protocol, that are within its jurisdiction. For these purposes,
the jurisdiction of the State extends to all those places over which it exercises effective
control (see CAT/OP/12/5, para. 24);
(b)
Authorize non-governmental human rights organizations and other civil
society actors to undertake monitoring activities at reception centres for asylum
seekers and migrants, including at “crisis centres” and centres for unaccompanied
children.
Detention pending deportation
28.
While noting the reduction in the maximum length of detention in immigration
detention centres (identification and expulsion centres) from 18 months to a strict limit of
90 days, in application of Law No. 161/2014, the Committee considers that detention
pending deportation should be further reduced and only applied as an exceptional measure
(arts. 11 and 16).
29.
The State party should ensure that rejected asylum seekers and irregular
migrants are held in detention only as a last resort and, if such detention becomes
necessary, that they are held for as short a time as possible and that use is made of
alternatives to detention whenever feasible.
Training
30.
The Committee acknowledges the efforts made by the State party to develop and
implement training programmes in human rights for members of the security forces, prison
staff, immigration personnel and judicial officers. However, it is concerned at the lack of
information on evaluation of the impact of those programmes. The Committee also regrets
the scant information provided on training programmes for professionals directly involved
in the investigation and documentation of torture, as well as for medical and other
6