The first case of the pushback of an EU citizen on the Evros River at the Greece-Turkey border.
In February 2022, front-LEX encouraged the filing of an appeal before the European Court of Human Rights challenging the pushbacks at the Greek borders in the Evros region based on racial profiling, which also involved an EU/French citizen.
The detention of a migrant can only be ordered when it is not possible to immediately carry out the expulsion or rejection, due to temporary situations that hinder the organization of repatriation or removal (Article 14, paragraph 1 of the Consolidated Immigration Act - TUI).
In today's society, characterized by multiculturalism and social pluralism, it is of primary importance that the legal system strictly protects the rights of foreign individuals who are the recipients of investigative acts and criminal proceedings.
The migration phenomenon has taken on characteristics and institutional positions that mirror the economic, political, social, and cultural systems of contemporary Western times, resulting in the depersonalization and "neutralization" of the migrant subject, standardizing the respective roles, male and female.
Presidential Decree No. 362 of 1994 stipulates that the application for recognition of Italian citizenship under Article 9 of Law 91/92 must be accompanied, under penalty of inadmissibility, by a series of documents, including the birth certificate or its equivalent, and certificates from the foreign state(s) of origin and residence regarding criminal records and any pending criminal charges.
In the context of proceedings for extending detention under Article 14 of Legislative Decree No. 25 of 2008, the guarantees of adversarial procedure—consisting of the necessary participation of legal counsel and the hearing of the detainee—apply under penalty of nullity of the order authorizing the extension, even without a formal request from the detainee to be heard. (In this case, the Supreme Court overturned the decision of the territorial court, which had deemed the detainee’s presence at the hearing unnecessary, citing a prefectural declaration of quarantine for the CPR housing units due to the Covid-19 emergency. The court had erroneously held that the detainee was required to explicitly justify their participation in the hearing as being relevant to achieving a different outcome in the proceedings).
In the context of proceedings for validating the detention of a foreign national in an identification and expulsion center, under Article 14 of Legislative Decree No. 286 of 1998, the guarantees of adversarial procedure—consisting of the necessary participation of legal counsel and the hearing of the individual—apply without the individual needing to request to be heard. Therefore, an objection raised by the detainee’s legal counsel is relevant and well-founded if it alleges a violation of the foreign national's right to defense, particularly when the individual, despite requesting it, is not brought before the validation judge due to mere prophylactic treatments (in this case: anti-scabies measures) that do not pose a risk to public health.
The challenged decree validated the detention, "subject to a medical assessment of Rahmouni's compatibility with detention in the CIE," an assessment that, as an inescapable condition for the validity of the detention, should have been carried out before the validation and not after.
Orders the Prefecture of Milan, the Police Headquarters of Milan, and the managing body of the Milan Via Corelli CPR to allow the detention and use of the mobile phone, which is the property of the individual, within the limits and according to the procedures established by Article 7 of the Ministerial Regulation of October 20, 2014.
In addition to the arguments on the damage to identity and compensability, the Supreme Court states that the condition of the individuals detained in the Bari C.I.E. was indeed inhuman and degrading, and such as to violate the solidaristic principles contained in the City Charter (a violation that the Court affirms was "effectively and definitively established" in this case).
Cittadinanzattiva
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via Imera, 2 - (00183) Rome
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Email: mail@cittadinanzattiva.it
CILD
Legal and administrative office
Via dei Monti di Pietralata, 16 - (00157) Rome
Phone: (+39) 06.45.06.850
Email: info@cild.eu
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