CAT/OP/ITA/1/Add.1
155. On the 2nd December 2015, the Penitentiary Administration issued the circular letter
nr. 3665/6115, addressed to the Regional Directorates and to the prisons, providing
directions for the start and the carrying out of the procedures. Said circular letter brought a
specific IT instrument named “Certificate for the Identification of the Migrant Prisoner
(C.I.D.I.)”
156. Since December 2015, the above-mentioned software was put at the disposal of the
Immigration Offices of the Questure [Local Police Headquarters] which are competent to
start the identification procedures for foreign inmates, allowing the visualization of all data
and information provided for by the above-mentioned Protocol.
157. In order to make the cooperation with the Immigration Offices of the Questure more
and more precise and effective as well as to ascertain, more and more quickly, the identity
of foreign prisoners, the Department of Penitentiary Administration prepared a new version
of the software for the Questure, which is now called Certificate of Identification of the
Foreign Prisoner – C.I.De.S. Such modification came into effect on 10 th May 2016.
158. As of 20th July 2016, foreign prisoners were 18,092, out of a total number of 53,961
prisoners; the following breakdown concerns foreign inmates’ legal status:
Pre-trial:
3,566
Sentenced but not with a final sentence:
3,796
Finally sentenced:
10,657
Internees:
44
Still to be determined
29
159. As for their distribution throughout our Country, 51.35 % of them are held in
Northern Italy prisons, 26.92 % in central Italy and 27.73 % are held in Southern Italy
prisons.
160. As for foreigners’ nationality, most of them come from Albania, Morocco, Romania
and Tunisia.
161. During 2015, 725 foreign prisoners were subject to an exclusion order as sanction
alternative to detention: 38.2 % of them were Albanians, 15.7 were Moroccans and 12.3
Tunisians.
162. Against this background, besides recalling Article 13, para.13, and Article 14-ter of
Legislative Decree No. 286/1998, the legislation punishes abetment of illegal migration and
all those organized crime forms to be associated with THB.
Para. 91
163. The possibility that foreigners are moved to CIEs directly from the landing place
does not constitute collective detention. Even in these cases, in fact, we do apply a case-bycase approach, besides considering and relying on: the existence of conditions for
expulsion; elements indicating the will of seeking international protection; and vulnerability
indicators, thus preventing the issuance of an expulsion order - which is a pre-requisite for
the transfer to CIE.
Paras. 102-104
164. Regarding the early identification of victims of torture, abuse or any other trauma,
we recall the above-mentioned Guidelines, to be soon issued by the Ministry of Health.
165. As for reception of persons with special needs (Article 17 of Legislative Decree No.
142/ 2015), it is expected that reception measures take into account the situation of specific
vulnerability of the individuals, including persons who have been subjected to torture, by
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