The judicial procedure for deciding on the request for an extension of detention at a Temporary Immigration Detention Center for a foreigner, already subject to this measure for the first time period required by law, must follow the same guarantees of due process. These include the mandatory participation of a defense lawyer and the hearing of the interested party, as explicitly provided in Article 14, paragraph 4, of Legislative Decree no. 286 of 1998, for the validation of the first detention period. This application is extended by a constitutionally-oriented interpretation of the subsequent paragraph 5, concerning the extension, since an opposite reading would conflict with Articles 3 and 24 of the Constitution.
Project funded by the European Union's Citizens,