CAT/OP/ITA/1
information require the information to be accessible in a format and language the migrant is
known to understand and should not be restricted to general information, but enable the
individual to understand his or her situation and rights and available options in this regard.
There was a significant lack of communication between the authorities holding information
on migrants’ individual cases and forthcoming procedures and the affected migrants or staff
of the various facilities. In expulsion cases, staff at CIE facilities were even prohibited from
informing migrants of what was happening, frustrating any efforts to maintain calm and
order in the facility. Legal papers served to migrants, such as removal orders, were not
adequately explained to them.
44.
The SPT is concerned at how the lack of information and absence of explanations
was a direct cause of the stress and anxiety migrants were experiencing, regardless of where
they were being held, exacerbated migrants’ feelings of hopelessness and limbo, and
impacted negatively on their mental health. Given the heightened situation of vulnerability
many migrants find themselves in, extra care should be taken to ensure information is
communicated in a sensitive manner.
45.
The SPT recommends that Italy establish procedures to ensure that migrants
are informed in accessible formats and in a language they are known to understand of
their situation, the availability of specific services and how to access them, the
procedures that will be followed, their rights and obligations during the procedure,
possible consequences of their non-compliance and remedies available to them.
Justice system, including legal assistance
46.
Through its interviews with staff, lawyers, legal assistants, migrants and NGOs, the
SPT found the system put in place to support migrants in exercising their rights not to be
effective. Time limits within which migrants were to be brought before a court were not
respected. Mutual trust between the different legal and judicial actors and migrants was
lacking, as migrants felt they were not being heard The SPT heard reports that there was a
perception that judicial hearings and decisions concerning detention and expulsion were a
pro forma exercise and did not take the individual circumstances of migrants adequately
into account. Migrants reported that they were not being heard and felt they were not being
treated with dignity and respect. Alongside eliminating any incentives for migrants to
cooperate with the system, the SPT also notes that the absence of appropriate and quality
legal assistance negatively affected migrants’ mental health.
47.
The SPT recommends that Italy ensure that law enforcement officials, lawyers,
judges and other relevant State actors working with migrants, carry out their duties
in a manner that upholds the guarantees of fair trial and due process of law, in
particular the right of each individual to be brought promptly before a judge to
determine the lawfulness of his/her detention; to have access to legal assistance and if
necessary, interpretation, free of cost; to be heard; and for his/her case to be
determined following an assessment of his/her individual circumstances.
48.
The SPT recommends that Italy cooperate with NGOs and the bar association
providing support to migrants to establish a list of lawyers with expertise in
immigration law.
Monitoring and accountability
49.
The SPT is deeply concerned at the absence of an independent monitoring
mechanism to regularly oversee immigration facilities, transfers, disembarkation and
expulsion processes. Authorities and management demonstrated a complete lack of
understanding of the concept of monitoring, confusing it with surveillance or border control
functions. The SPT heard reports that independent monitoring bodies, which had previously
10