CAT/OP/ITA/1/Add.1
guaranteeing initial assessment and periodic controls by qualified personnel. It is also
established that migrants can have access to appropriate medical and psychological care
services. Finally, Centers for First Reception provide special services for specific
vulnerable individuals, also in collaboration with the local health-care authority concerned.
The relevant Ministry of Health Guidelines will therefore provide guidance on how to
operate the transition of responsibilities between the SPRAR or other programs and the
general social and health-care system, in particular in situations where it is necessary to
ensure therapeutic continuity of care.
Para. 104
166. Police staff that operate at landing sites have precise information on situations of
"vulnerability" of migrants as contained in the "Standard Operating Procedures (SOPs),
applicable to Italian Hotspots".
167. As part of its institutional functions, the Police intervenes to protect the victims of
serious violence and exploitation, making use of protection means required by Italian
legislation. In this regard, we recall that it provides specific programs for the victims of
THB (See Annex No.1 below), a special residence permit for victims of domestic violence,
the protection of unaccompanied foreign minors, as well as differentiated and specialized
investigative pathways for alleged victims of sexual violence – that all in all are even more
targeted in the event of minors, who have been victims of violence.
Paras 105, 106, 108, 110
168. All joint return operations, organized in cooperation with FRONTEX, are made in
accordance with the instructions contained in the Guidelines annexed to Decision
2004/573/EC transposed in a national handbook. All repatriated migrants under those
operational contexts have been subject to a measure of repatriation by the Administrative
Authority, in accordance with EU Directive 115/2008.
169. All Police officers involved in return operations have attended and passed, a specific
course focused on the management of these operations.
Paras. 111 to 114
170. The Italian legal system envisages specific safeguards and corresponding adequate
judicial means to enable migrants to challenge an expulsion order, including the suspension
effect stemming from the appeal. In this regard, mention should be made of the following
provisions: Article 10-bis of Legislative Decree No. 286/1998; Articles 11, para.6, and
Article 14 of the above Decree; Article 19 of Legislative Decree No. 150/2011; Article 35
of Legislative Decree No. 25/2008 (in addition to Legislative Decree No. 142/2015 as
extensively reported under Part I).
171. More specifically, when an expulsion order is challenged, this complaint is
considered by judicial Authorities as a matter of urgency. The complaint suspends the
execution of the expulsion order up to the definition of the judicial proceeding. Within
Tribunals, there are specialized Sections with judges specifically trained on migration
legislation, including migrants’ rights. It is not unusual that an application rejected by the
Territorial Commission is later reformed by the judicial Authority.
172. On a more general note, in terms of training, at both the central and local levels, the
Superior School of Magistracy holds training courses on international protection, migration
laws and migrants’ rights.
173. Along these lines, the inappropriate use of force by Police is punished in accordance
with the penal code, which envisages, among others, under Article 608, the crime of
“Abuse of authority against persons put under arrest or apprehended”. Similarly, Article
609 punishes the crime of “Arbitrary perquisition and personal inspection”.
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