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

Select target paragraph3