CAT/OP/ITA/1/Add.1
- The identification of the nationality is a stage during which migrants’ rights are
guaranteed in an effective fashion, meaning that under whatsoever circumstances, the
possibility to apply for international protection is secured regardless of the nationality
declared or the one which is ascertained;
- From the very disembarkation, drinkable water and other primary services are
immediately supplied. Morevoer, providers at both the docks and within the relevant
facilities can timely respond to specific needs that might arise;
- The Hotspots managing staff include linguistic and cultural mediators, as well as
legal counselling providers. They can also resort to psychologists. This multi-facted
approach allows to promptly intervene, assist, and protect disembarking UAMs;
- As for medical treatment, medical examinations are usually carried out with a
cultural mediator with the ability to communicate with migrants;
- More importantly, the staffs of the Managing Authority, IOs and NGOs’ are
professionally skilled and adequately trained. In this regard, the Ministry of Interior has
organized specific training sessions for the Hotspots staff;
125. Against this background, it should be recalled that the Bill on the introduction of the
crime of torture was approved by the Chamber of Deputies, on April 9, 2015. This (AS 10362-388-395-849-874 –B) is now pending before the Senate, for examination (as from July
14, 2016).
Paras. 42 - 43
126. As for the alleged prohibition for CIEs staff to inform migrants about expulsion, we
are not in a position to accept such a statement. The Managing Authority staff, entitled to
keep contacts with migrants staying at CIEs, must inform them about the Regolamento
unico CIE. Police forces intervene during pre-repatriation stage and for order and public
security purposes, only.
Para. 45
127. Article 13, para.7, of the Unified Text on Immigration expressly envisages that
every measure regarding expulsion, staying at CIEs, as well as any other measure
concerning the entry and stay are communicated to the foreigner, jointly with his/her right
to challenge the relevant measure, in a language understood by the person concerned. If this
is not possible information is provided in French, English or Spanish. In this regard, during
the consideration of Italy under Schenghen with regard to returns (held on March 14
through 18), the evaluators’ Team of the European Commission deemed of relevance the
practice introduced by the Immigration Offices namely transaltion of relevant measures in
one of the languages indicated by the legislation in force.
Para. 55
128. As reported above at disembarkation Municipalities there are always representatives
from relevant International Organizations and NGOs (UNHCR, IOM, and Save the
Children) that promptly provide migrants with information about their legal status and what
to expect during the following phases. Each and every measure concerning the situation of
the foreigners always indicates the rationale, working modality, and the competent judicial
Authority.
Paras. 59 - 60
129. As for the allegations made and concerns raised by the CPT, they appear to be
groundless because there is no reference to either concrete episodes, or criminal
proceedings. The narrative indicated in the SPT report concerning alleged generalised
24
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