CAT/OP/ITA/1
accessed detention facilities now faced difficulties in gaining access. Throughout its visit,
the SPT did not encounter any individuals acting in an official capacity who monitored the
human rights situation of migrants.
50.
The SPT found that there were no structures put in place for migrants to file
complaints and report human rights violations. The likelihood of migrants facing
considerable obstacles in accessing the Italian justice system from abroad places a
heightened duty on the State Party on ensuring that complaints mechanisms are effectively
available and accessible. The absence of accessible and effective complaints mechanisms
for migrants combined with the lack of monitoring, aggravates Italy’s ability to ensure key
safeguards to prevent human rights violations, including torture and ill-treatment.
51.
The SPT recommends that the State party:
(a)
urgently ensure internal and external independent monitoring, including
through the NPM, of the immigration facilities and processes to guarantee its actions
are in compliance with international human rights law and standards, including the
prevention of torture and ill-treatment;
(b)
ensure and facilitate effective and unrestricted access of independent
monitoring bodies to any facilities where migrants may be held, including reception
facilities, as well as disembarkation and expulsion processes and transfers;
(c)
ensure that mechanisms are put in place to implement recommendations
by the monitoring bodies.
D.
Overarching issues pertaining to immigration detention
52.
The SPT would like to comment on the immigration processes it observed, starting
from disembarkation through to expulsion.
1.
Disembarkation
53.
The SPT observed a calm and orderly disembarkation procedure, which entailed
various security and medical checks until migrants were received at the first reception
centre (Centro di Soccorso e Prima Accoglienza – first aid and reception centres for
migrants and asylum seekers) or referred for onward transportation to elsewhere in Italy.
The medical examinations were performed swiftly and focused on detecting communicable
diseases. Pregnant women were identified on the ship and transferred by ambulance to
hospital upon disembarkation. Medical emergencies were treated the same way. The SPT
was concerned that the security checks were performed by male staff only. The SPT also
noted that some families were separated for the purposes of disembarkation and that women
with children had to wait to be reunited with their spouses, leaving them exposed to the
elements and susceptible to separation under less orderly circumstances.
54.
The SPT recommends that adequate numbers of male and female staff are
present to perform security checks. Moreover, the SPT recommends that families are
not separated during disembarkation procedures.
55.
Migrants were given a number tag and had their photo taken with it twice during the
security checks. FRONTEX staff questioned migrants to ascertain identifying information
for the Questura forms, such as name, sex, date of birth, nationality, while the Italian police
held an operational role. This procedure was carried out speedily but migrants were not
informed of their rights, or the purpose and consequences of the form and their signature.
The SPT also noted that this stage did not include any questions to assess whether the
individual was seeking protection or was at particular risk.
11
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