CAT/OP/ITA/1/Add.1
circumstances (in ogni caso, il periodo massimo di trattenimento dello straniero all'interno
del Centro di Identificazione e di Espulsione non può essere superiore a novanta giorni)».
Para.19
114. Italy does not pursue any policy focused on mandatory “trattenimento”, including
groups of people. More importantly, the “trattenimento” is based upon the examination of
each and every person, taking into consideration the requirements of necessity and
proportionality – for each and every individual situation. A similar approach applies when
examining the related expulsion order, which is always based upon a case-by-case rule7.
Para. 25
115. Italy pays the utmost attention to the various forms of vulnerabilities. Pregnant
women and UAMs do not stay in these Centres. Furthermore, the stay at CIE is possible
only after a medical examination by a physician from the local hospital, who must certify
that the person concerned is not affected by: any transmittable or contagious disease;
psychiatric problems; and acute or chronic pathologies which cannot be adequately treated.
In addition to that, once entering the Centre, the person concerned undergoes a medical
examination by a physician of the Centre who must ascertain the lack of factors making the
stay incompatible with community life. The latter can be also reiterated over time (Article 3
of the Unified CIE Regulation).
Para. 26
116. The purpose of the staying at a CIE (Identification and Expulsion Centre) is to avoid
that the escape of the migrant from the expulsion procedure, pending the removal of
obstacles to its execution. The stay, unlike detention, does not have any repressive
punishing character. The national legislation envisages the maximum stay of 90 days while
EU Directive 115/20088 allows for a period stretching to 18 months.
Para. 27
117. Article 14, para.1 bis, of the Unified Text on Immigration, in some cases envisages
alternative measures to the stay at CIEs, such as: a) retaining the passport or corresponding
ID cards, to be given back when the migrant must leave; b) mandatory residence; c) the
obligation to go, at fixed times, to the Police station.
Para. 28
118. Re-admission agreements are intended to introduce simplified procedures to identify
the nationality of foreigners and to get the travel documents: These agreements are thus a
valid tool to reduce the stay duration at CIEs.
119. In this regard, as for the alleged risk of “collective expulsions”, the proportion
between migrants arrived in Italy from countries with which these agreements are in force
and the number of those ones staying at CIEs should be considered. Figures show that there
is no automatic stay practice.
120. The data below refer to adults only and do not represent the total of those migrants
of a given nationality (which falls within the above re-admission agreements) disembarked
in Italy: in 2015, 2.086 Tunisians arrived in Italy, of whom 1.262 people stayed at CIEs; in
2016 (January – April), 147 Tunisians, of whom 73 at CIEs. As for Egyptians, in 2015
1.630 irregularly entered Italy, of whom 760 stayed at CIEs; in 2016 (January – April
2016), Egyptians were 279, of whom 73 at CIEs. As for Nigerians irregularly entering Italy,
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Art. 13, comma 2, del novellato D. Lgs. 286/98.
Article 15, paras. 5, 6.
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