In 2018 the people forcibly returned from Italy to the countries of origin were 6,398: the first
nationalities by number of returned foreigners are: Tunisia, Albania, Morocco, Egypt and
Nigeria.
This figure must be integrated with the figures relating to the increase of people transiting in
closed removal centres (CPR) (+ 36%), to the increase of these same centres (indeed modest,
despite the regulatory provisions of the so-called “Orlando-Minniti Decree” of 2017).
Also from a regulatory point of view there are important modifications that affect the sphere of
intervention of the Guarantor.
With the entry into force of Decree-Law No. 113/2018, converted with amendments into Law
No. 132 of 1 December 2018 (the so-called “Salvini Decree” or “Security Decree”), the
humanitarian protection provided by the Consolidated Act on Immigration (Legislative Decree
286/98 and subsequent amendments) has been eliminated and the entire reception system for
asylum seekers has been reshaped.
With regards to the discipline of detention for identification purposes, Article 3 of Law No.
132/2018 establishes that applicants for international protection may be detained “for the time
strictly necessary and in any case for a period not exceeding 30 days”, in special rooms at the
government preliminary reception centres and at the so-called hotspots, “for the determination
and verification of identity or citizenship”. The applicant, on the expiry of the 30 days, in the
event it has not been possible to determine or verify his or her identity or citizenship, can be
held in an Immigration Removal Centre (CPR) for a maximum of 180 days.
With Article 4, on the other hand, a new form of detention is introduced for foreign citizens
subjected to expulsion orders. It is now possible, under certain conditions and with specific
limitations, to detain foreigners awaiting validation of immediate escort to the border in
“suitable places”, in centres other than the Immigration Removal Centres, depending on the
availability of the public security authority.
The necessary prerequisites are that the CPRs must have reached full capacity and that the
Justice of the Peace gives authorization in the decree setting the validation hearing. If the
conditions that determined the detention “in different and suitable structures” persist also after
the validation hearing, during this hearing the Judge “can authorize the stay, in suitable
premises at the border office of the border in question, until the execution of the actual removal
and in any case no later than forty-eight hours after the validation hearing”. 4
It is, to all intents and purposes, a potential multiplication and diffusion of places aimed at
detention. The generic definition of “suitable places”, introduced by the new legislation, and the
absence of previously determined objective parameters to define the notion of suitability of
such places, presents very critical aspects with regard to national and international standards.
In general, and especially with reference to forced returns, in its last Report to Parliament the
National Guarantor stated the need for a “constitutionally and internationally oriented”
interpretation of administrative detention with regard to the latest changes introduced by the
law; and expressed concern about
the extension of the maximum duration of detention for foreign citizens awaiting forced
return;
the lack of clarity and exactness of the legislative provision with reference to detention
of asylum seekers for the determination or verification of identity and citizenship in the
Report to Parliament 2019 – National Guarantor for the rights of persons detained or deprived of liberty, p. 79.
An in-depth discussion of “suitable places” can be found in the chapter Luoghi (places) of the abovementioned
report, paragraph 17 Locale idoneo (suitable place), pp. 79-81.
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