CAT/OP/ITA/1
sentence and were to be deported; b) migrants in an irregular situation who had been
identified during spot checks; c) migrants in an irregular situation who had been rescued at
sea.
87.
Concerning the first category of detainee, the SPT was concerned to learn that most
individuals had already served their full prison sentence but were allowed to be detained for
a further 30 days due to practical obstacles in arranging the deportation to their countries of
origin. The detention in the CIE was not connected to their original conviction. The SPT is
aware that measures have been introduced to avoid this practice (such as an agreement
signed between the Ministry of Justice and the Ministry of Interior) but at the time of the
visit this group of migrants still made up the majority of detainees.
88.
The SPT regards the practice of placing persons who have completed their
custodial sentence into immigration detention entirely inappropriate as it does not
fulfil a legitimate purpose and represents de facto an additional punishment. The SPT
recommends that Italy abolishes this practice of holding convicted migrants in
immigration detention.
89.
The SPT was concerned to learn that the second category of migrants also included
individuals who had previously already been detained in a CIE for the purpose of
expulsion. The SPT was made aware that if after 90 days an expulsion could not be carried
out, the migrant would receive the expulsion order and be told to leave the territory.
However, the practical obstacles preventing his/her return, such as lack of identity or travel
documents, still persisted, making his/her return unviable. These migrants then remain in
the territory and run the risk of being detained in a CIE yet again. It is the view of the SPT
that this system is impracticable, as it also detracts from the fact that many of these
migrants have family ties and jobs, sometimes already for many years, be it regularly or
irregularly. Firstly, this puts in question the actual ‘risk of escape’ as a justification for their
detention. Secondly, if a migrant had already been detained and his/her expulsion not
successfully carried out, it is questionable whether an additional detention period would
serve to remove the practical obstacles and effectuate the deportation. In addition, the SPT
notes the considerable impact expulsion can have on migrants’ mental health. In such
instances, the State Party may wish to consider in more detail the administrative
circumstances that led to the individual’s irregular status and placing them in administrative
detention.
90.
The SPT recommends that Italy:
(a)
reconsider its practice of detaining migrants who have been living and
working in Italy and provides alternatives to detention, in particular where the
necessity and proportionality of immigration detention does not correspond with any
real risk of escape;
(b)
abolish its practice of detaining migrants previously held in immigration
detention for the same purposes, unless expulsion is imminent and there is a real risk
of escape.
91.
Migrants in an irregular situation who had arrived by boat via the Mediterranean
represented the third category. This included asylum seekers whose claim was unsuccessful
or individuals who were not entitled to other forms of temporary protection. The SPT noted
with concern that also groups of individuals, usually of the same nationality, had been
transferred to the CIE directly from the port of disembarkation. This is problematic at two
levels as the practice indicates possible collective detention and risks contravening the
prohibition of collective expulsion. There should be an individual assessment to determine
the necessity and proportionality of each migrant’s detention. The SPT did not find that
such individual determinations were adequately integrated into the decision-making
processes. Secondly, as highlighted above (PARAS no.), the SPT is aware that during
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