CAT/OP/ITA/1 56. The SPT recommends Italy to put in place a mechanism to ensure human rights and refugee protection concerns take precedence over border control and migration management objectives and that individuals at particular risk are identified as soon as possible. While seeking to identify migrants and data collection are necessary, care should be taken that information about an individual’s nationality does not lead to profiling based on nationality rather than protection needs. Individuals should be informed of their rights, the purpose of any forms they are to sign and the possible consequences of not complying with the process. 57. Many migrants carried bottles of water received on the ship with them. Food was served to everyone at the same time, approximately four hours after the disembarkation had started, by which time many children were complaining that they were hungry. 58. The SPT recommends that water and a snack be distributed upon registration in the centre and that water be always made available when needed. 59. Some individuals were identified as potential witnesses or suspected smugglers and taken aside for questioning during which noticeable psychological pressure was exerted. The SPT was made aware that migrants willing to cooperate as witnesses were transferred to different reception facilities. The SPT was not provided information as to where these temporary or alternative reception centres were located nor where suspects were taken. The lack of transparency as well as the evident absence of procedural safeguards for these migrants at point of disembarkation raises considerable concerns. 60. The SPT recommends that when investigating potential smugglers, all actors are aware of and act in accordance with fair trial and due process guarantees, including the presumption of innocence, the right to remain silent and the right to legal assistance. They must refrain from inflicting undue pressure on individuals, in particular in situation of heightened vulnerability and stress migrants find themselves in. Until an individual has been tried and found guilty by a court, his or her right to seek protection should not be detrimentally affected. 2. First line of reception 61. The reception centre in Pozzallo officially had the capacity to hold 180 persons in two rooms and was run by a cooperative, whose staff had different functions. There were social worker, psychologist and cultural mediators. The SPT noted positively that many staff had a migration background. However, during the days the SPT visited the facility, it did not encounter any child protection officers. No information was provided regarding staff with a child protection function and only the NGO, Save the Children, was identified as providing specialised support to children. 62. The SPT recommends that Italy ensures that all immigration facilities include staff who are adequately trained to respond appropriately to age and gender specific needs. 63. Physical and psychological medical care was provided through an arrangement between the local health service and Médecins Sans Frontières (MSF). An infirmary was located on site with a fixed timetable when a doctor was available to receive patients; a nurse was present 24 hours/day for emergencies. However, the SPT regards the centre to be understaffed in comparison with the holding capacity of the centre, which can have negative consequences for migrants’ physical and mental health. The SPT was also made aware of the high percentage of women and girls who have experienced sexual and gender based violence prior to or during their journey. It was unclear to which extent the personnel and procedures were available and effective in providing adequate and gender sensitive care. 12

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents