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