CAT/OP/ITA/1
and some had difficulties sleeping due to the lack of certainty, absence of information and
constant fear of being expelled;
(b)
Migrants had been unaware that they would be expelled and many were still
involved in legal procedures to determine their entitlement to remain;
(c)
Regardless of whether migrants resisted officers or not, their hands were tied
tightly with black Velcro handcuffs. Those who resisted were severely restrained and
dragged by their hands and feet to the bus;
(d)
Agitated police dogs were barking during the transfer to the bus, adding to
the intimidating environment;
(e)
There were migrants who collapsed, were carried away under sedation and
wheeled out unconscious on a medical trolley. Although migrants must undergo a medical
test to assess their fitness for travel, the SPT was concerned at the attempt to transfer one
person who was evidently unfit to travel;
(f)
Despite women constituting the majority of persons to be expelled, they were
carried by male officers, often in a degrading manner.
109. The SPT was made aware that the management of the CIEs are not provided more
than a few hours’ notice and are not allowed to inform migrants of the expulsion
operations, obstructing their ability to support detainees and maintain a calm environment.
110. The SPT also heard reports that court orders to suspend expulsion had been granted
to some migrants, but had not yet been physically delivered to the Questura, who therefore
did not recognise their validity. One woman was granted the right to remain after she had
already been transported to the airport. She was returned to the CIE to be released the next
day, having undergone tremendous stress which would have been avoidable.
111. The SPT considers that the lack of suspensive effect in ongoing legal procedures and
of timely access to information regarding the expulsion renders migrants’ due process
rights[,][and] right to an effective remedy ineffective.
112. The procedures by which forced expulsions are conducted and the methods that are
applied undermine the effective prevention and heighten the risk of future expulsions
violating the right to freedom from torture, cruel, inhuman or degrading treatment. The SPT
reminds the State Party that international human rights law requires the conditions for the
use of force to be set out in law and only if strictly necessary and proportionate.
113. The SPT further notes that voluntary returns are to be preferred and encourages Italy
to use forced expulsions as a measure of last resort only. The SPT emphasises that any
consent to voluntary return processes should be informed and given free of coercion, such
as the prospect of detention in inadequate conditions.
114.
The SPT urges Italy to review its expulsion procedures and that it:
(a)
reconsider its legislation to ensure due procedural guarantees, including
the automatic suspensive effect of appeals against removal orders;
(b)
remove any administrative obstacles that render migrants’ due
procedural guarantees ineffective;
(c)
ensure that expulsion or rejection orders are provided in writing in a
language the migrant is known to understand and that migrants are informed about
their rights to appeal the decision and have effective access to legal assistance and
have a reasonable amount of time to challenge the order;
(d)
ensure that migrants are informed in a timely manner of the expulsion
date and procedures that will be followed;
19
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