CAT/OP/ITA/1/Add.1
foreign citizens either put under arrest or to be extradited; 20-21 June 2016: visit to CIE in
Brindisi and at the Hotspot in Taranto; 14 July 2016: monitoring a Frontex flight for the
repatriation of Nigerians to their country of origin; 21 July 2016: monitoring a Ministry of
Interior charter flight, in collaboration with Frontex for the repatriation of Tunisians on the
route Rome – Palermo – Hammamet.
(b)
Visits and monitoring of penitentiary facilities and Police security rooms: 2
April 2016: visit to the prison in Oristano-Massama, “Salvatore Soro”; 4 April 2016:
meeting with prisoners at high security wing No. 1, of the prison in Padua; 5 April 2016:
visit to the prison in Venice – Santa Maria Maggiore; 11-14 April 2016: regional visit to the
facilities in Calabria region. The NPM visited three prisons (Catanzaro-Siano, Reggio
Calabria-Arghillà, Reggio Calabria-Panzera); the security rooms at Police station in
Catanzaro Lido, as well as those ones at the Police HQs. in Reggio Calabria; 2 May 2016:
visit to the to-be-establsihed foster home for female detainees with children up to the age of
six (in Rome); 6 May 2016: visit to the prison in Trento; 7 May 2016: visit to the wing of
the prison in Gorizia, to be intended for LGBTI detainees; 17 May 2016: visit the
psychiatric wing of the penitentiary facility in Lecce; 23 May 2016: visit to the penitentiary
institute in Bollate (Milan), for an individual interview with a detainee, only; 26 May 2016:
visit to the penitentiary facility in Paliano; 9-10 June 2016: visit to the 41 bis wing of the
prison in Viterbo; 28 June - 5 July 2016: inter-regional visit to the facilties of the following
Regions: Veneto; Trentino Alto Adige; Friuli Venezia Giulia (detention facilities at the
following Municipalities: Belluno; Bolzano; Gorizia; Tolmezzo; Trento; Vicenza). The
NPM also visited the Juvenile Detention Facility in Treviso; the security rooms at both the
Vicenza Police HQs. and the provincial Command of the Carabinieri Corps. Moreover, it
has been visited the foster home for juvenile offenders “Giuseppe Olivotti” at Riese Pio X
(Tv); 28 July 2016: visit to the “Regina Coeli” prison in Rome.
Para.17
110. The Italian legal system envisages “detention” under the forms and circumstances
prescribed by the penal law.
111. On the other hand, when the need emerges to restrain personal liberty in order to
remove impediments to the execution of the expulsion order, the Italian legislator envisages
the institute of “holding” the person to be expelled at Identification and Expulsion Centres,
in accordance with Article 14, para.1, of the Unified Text on Immigration. In this case, the
above normative framework concerning “detention” does not apply. We take this
opportunity to reiterate that migrants staying at CIEs are not confined in a security room
nor undergo the penitentiary regime, though living in an enclosed space. Within these
Centres, no contact whatsoever is envisaged with Police forces (that are entrusted to surveil
the facility and to deal with the status/situation of each migrant, only) but all the activities
are managed by an Authority or by a private body following a contract signed with the
relevant Prefecture, which, needless to say, do not exert any coercive power in relations to
those staying in the Centre.
112. However, Police can enter the areas where the persons concerned stay only for order
and public security purposes (riot, disorder, etc) or for the execution of judicial policerelated activities, such as the arrest when an individual may have hit another one during a
fight.
Para.18
113. The institute of holding an individual has no repressive purposes. It is applied only
to remove obstacles to the execution of an expulsion order within strict deadlines, not
exceeding 90 days, in accordance with the amended Article 14, para.5 of the Unified Text
on Immigration, «The stay in the CIE cannot exceed a 90-day term under whatsoever
21
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