The Italian Council for Refugees (CIR) has published
a report on the Italian legislation and practices regarding border controls,
access to the territory and access to the asylum procedure.
In March 2011, Italy officially declared the end of
its ‘push-backs’ policy that would be later condemned by the European Court of
Human Rights in the case Hirsi Jamaa and others v. Italy. According to the
report, Italy respected this commitment with few exceptions, such as in June
2012 when a joint Italian-Libyan patrol intercepted a boat of Eritrean migrants
in high seas and escorted them to Libyan waters where they were handed over to
Libyan authorities. The
Italian Customs police denied their involvement.
According to CIR, the law should require that law
enforcement authorities verify the treatment to which migrants would be exposed
in the country where authorities intend to return them. Migrants should have a
right to appeal a return order and the appeal should have a suspensive effect
on return. Also, CIR recommends that binding rules on disembarkation of
migrants and the concept of ‘safe place’ should be adopted.
