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. 4

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