We are not attacking the judiciary, but a few judges who have become the armed wing of the left to pave the way for it to conquer the country.” An underlining, the one pronounced by Silvio Berlusconi way back in 1999, which yesterday proved to be as dramatic as it was prophetic. The personal rights and immigration section of the Rome court yesterday did not validate the detention of migrants inside the Italian detention center for Gjader‘s repatriation to Albania.
The measure was ordered for the twelve foreigners by the Rome police station on 17 October, who are part of the 16 migrants (ten from Bangladesh and six from Egypt) transported to Albania to the Gjader CPR by the Libra ship of the Italian Navy . A sentence that enters with feet united on an exquisitely political provision, praised by all of Europe, Holland and France first and foremost. An idea, the one designed to limit the arrival of immigrants from Africa and Asia, which just forty-eight hours ago was at the center of a meeting held in Brussels between the rulers of the Old Continent. Ready to follow (if not even copy) the innovative Italian proposal. An initiative nullified by the five pages written by judge Silvia Albano, which in turn refer to the appeal of a citizen from Bangladesh and “held in Albania”. After having carried out the necessary observations of fact and law, the sentence quickly gets to the heart of the matter.
To fully understand the provision of the Capitoline court, reading the ruling of the Court of Justice of the European Union Grand Chamber of 4/10/2024, case C-406/22, is fundamental. «In the conclusions of the country sheet of the investigation of the Ministry of Foreign Affairs, Bangladesh is defined as a safe country of origin but with exceptions for some categories of people: belonging to the LGBTQ+ community, victims of gender violence including female genital mutilation, ethnic minorities and religious, accused of political crimes, sentenced to death, climate displaced. Therefore, due to the principles affirmed by the Court of Justice of the European Union, the country of origin of the detainee cannot be recognized as a safe country, especially since the same sentence underlines the judge’s duty to detect, even ex officio, the “possible violation, in the case submitted to its judgment, of the substantial conditions of the qualification of safe country set out in Annex I of Directive 2013/32”. In essence, the denial of validation would be due to the belief that Bangladesh is not a “safe country”, and that, consequently, “the border procedure would become inapplicable and as provided for by the Protocol, the transfer outside the Albanian territory of migrant people, who therefore have the right to be taken to Italy”.
The non-EU citizens will therefore return to Italy this morning on a Coast Guard ship. During their stay in Albania the migrants had requested international protection. However, the request was rejected by the competent territorial commission for the right to asylum. Upon their return to Italy they will be welcomed in reception centers and will have 14 days to appeal against the Commission’s decision.
The political reactions to a shock sentence are obvious, predictable and anything but soft. Also because there is a real risk that, starting tomorrow, anyone could enter our country illegally. Without, moreover, even running the risk of being detained and, much less, repatriated. Anger on the part of the Prime Minister, Giorgia Meloni: «Pd-M5s-Avs are asking the EU for infringement proceedings against Italy. Shame”. The president of the FdI senators, Lucio Malan, gets straight to the point: «The decision of the Court of Rome on the centers in Albania is scandalous. Some politicized magistrates would like to abolish Italy’s borders, we will not allow it.” The position of the League is also on the same line. «Precisely on the day of the hearing of the Open Arms trial against Matteo Salvini, the ordinance that does not validate the detention of immigrants in Albania is particularly unacceptable and serious. Pro-immigrant judges should run for election, but know that we will not be intimidated.”
#Migrants #return #Italy #Tempo
