CAT/OP/ITA/1 process means that it has not yet been definitively determined whether an individual would risk irreversible harm upon his or her removal. For this reason, the legal system should provide for the automatic suspensive effect of a removal order, if the migrant is still undergoing a legal process. 37. The SPT recommends that Italy ensure that the legal framework, and its application in practice, provides for effective preventive safeguards against refoulement. This should include, at a minimum, the automatic suspensive effect of a removal order if legal procedures to challenge the removal or to determine an entitlement to remain are still ongoing. C. Institutional framework Structure for immigration detention 38. Following its visits to places of detention of migrants and interviews with staff and persons deprived of liberty, the SPT has concluded that the complexity of the structure by which immigration detention and the facilities are governed undermines the rights of migrants and weakens their protection against torture and ill-treatment. 39. The Ministry of Interior has the main responsibility for migration detention, but the SPT found the framework established to be marred by structural deficiencies: the delegation of powers and responsibilities throughout the system lacks the application of common human rights-based standards and rules, resulting in variations in the material standards and conditions, as well as the unjustifiable differential treatment of migrants throughout the system. The governance framework is susceptible to individual actors avoiding liability or responsibility as a result of overlapping and vaguely defined roles and obligations. It is characterised by the absence of appropriate and necessary safeguards to effectively prevent human rights violations, including torture and ill-treatment. 40. The proliferation of responsibilities at the level of managing the detention facilities is of particular concern to the SPT. The responsibilities of the various law enforcement, military and management entities are at times overlapping with unclear delimitations of competences, rendering the overall management structure of these facilities dysfunctional and inadequate to fulfil their purpose. 41. The SPT recommends that the State party re-examine its structure for immigration detention, taking a one government approach and establishing the necessary communication channels accordingly. In particular, Italy should ensure that the roles and responsibilities of authorities and actors avoid overlapping and are clearly defined, in particular in areas where close cooperation between different entities and ministries is required. Access to information 42. The SPT found a remarkable discrepancy between the duties to provide information, theoretically available information and the actual access of migrants to this information. Throughout all the migration processes, the lack of information was endemic and migrants interviewed expressed their incomprehension as to why they were in the particular facility and what would happen next. Migrants were unaware of their rights, of services available to them or the legal procedures they were involved in. They were distressed about being separated from friends or others they had travelled with and not being informed why they were supposedly being treated differently. 43. Some of the facilities displayed the rules and rights or had an information leaflet in different languages. However, the obligations flowing from the right of access to 9