[Italy] AI: State of the World's Human Rights Report 2009

Migrants’ and asylum-seekers’ rights

Migrants and asylum-seekers without valid documentation, including pregnant women and families with children, were routinely detained upon arrival in detention centres before having the chance to apply for international protection. Migrants and asylum-seekers detained in some centres were not granted the right to appeal in court against the lawfulness or conditions of their detention.

In Cassabile detention centre, asylum-seekers were detained for up to five weeks before being given the chance to apply for asylum.
There were reports of the deaths of migrants in detention centres due to delays in medical help.

On 24 May, Hassan Nejl, a Moroccan national, died in the Turin Temporary Stay Centre after being taken ill. According to other detainees, he was not given prompt or adequate medical care. A judicial investigation was launched, but no results were available at the end of the year.

A decree adopted on 3 October suspended the deportation of asylum-seekers appealing against rejection of their asylum claim. The decree also gave local prefects the power to limit the movements of migrants and asylum-seekers to a specified area.

Several measures were adopted by municipal authorities against migrants. On 11 February, a court in Milan cancelled a circular issued by Milan City Council because of its discriminatory nature. The circular restricted kindergarten enrolment of the children of migrants without a residence permit.

The European Commissioner for Human Rights and the UN Working Group on Arbitrary Detention raised concerns after a set of legislative proposals known as the “security package” was adopted on 21 May to tackle irregular migration. One decree which was converted into Law 125/08 on 24 July ruled that if a migrant committed an offence, their irregular status would be added to the list of aggravated circumstances as set out in the Penal Code, which could result in the imposition of a more severe punishment.