If the summer season and the related peak in migrant arrivals is coming to an end, the measures of the red robes that cancel the detention in the CPRs of foreigners who landed on our coasts know no crisis. Eleonora Bruno and Sara Marino are the two magistrates of the Civil Court of Palermo who 48 hours ago did not validate the detention of five Tunisians, previously ordered by the police chief of Agrigento. The latter had started the accelerated border procedure against the foreigners (aged between 33 and 40) that allows a person to be detained for a maximum of 28 days in a CPR, with the aim of ascertaining whether or not the person who has applied has the right to have international protection. Much of the legal reasoning made by the two Sicilian robes revolves around some EU principles.
Video on this topic
In detail, “applicants may be detained only in exceptional circumstances (…) and on the basis of the principles of necessity and proportionality with regard to both the manner and the purposes of such detention”. The latter is cited as a “last resort and only after all non-custodial alternative measures to detention have been duly taken into consideration”. Italian law provides that a migrant may be stopped inside a CPR if “he has not surrendered his passport or has not provided an adequate financial guarantee”. It is precisely on this aspect that it should be remembered that the government, after the measures taken last September by the “trailblazing” magistrate Iolanda Apostolico (the first to not validate the detention of foreigners shortly after the introduction of the so-called Cutro decree), lowered the sum from 5,000 to 2,500 euros in June. Here is what Marino writes to motivate his decision: «The surrender of the passport (…) is rather configured by the national legislator as a general cause of exclusion (in the sense that, if the passport is surrendered, detention cannot be ordered under any circumstances). Moreover – adds the magistrate Marino – it is an eventuality that is very difficult to implement in practice, since asylum seekers almost always lack it». Then, in the wake of what was established by the Court of Cassation, the toga suggests that they be taken into consideration as «the obligation to reside in a previously identified place, where the foreigner can be easily traced, or the obligation to present themselves, on established days and at established times, at an office of the territorially competent force». Therefore Marino concludes: «(…) In light of these arguments, the provision issued by the Agrigento police chief cannot be validated, in the absence of the due motivation on the need for detention, on its proportionality and on the impossibility of making effective use of other alternative, non-coercive measures».
As mentioned, there are five Tunisians who are now free to circulate and make themselves untraceable in Italian territory. A colleague of Bruno and Marino, Michele Guarnotta, has instead come to the opposite decision, validating the arrest of another foreigner also held in the CPR of Porto Empedocle (Agrigento). The opposite sign in the magistrates’ decisions could find a conclusion on September 17th when the Court of Cassation will discuss the merits of the Ministry of the Interior’s renunciation of the “liberations” ordered by the Apostolic robe. It is likely that until then the decisions in favor of migrants will continue to rain down.
#Migrants #Heres #Red #Robes #Free #Tempo
2024-09-01 00:30:55
