CAT/C/ITA/CO/5-6
(d)
Ensure that the accelerated procedures under readmission agreements
and Law No. 46/2017 are subject to a thorough assessment on a case-by-case basis of
the risks of violations of the principle of non-refoulement.
Memorandum of Understanding of 2 February 2017 between Italy and Libya
22.
The Committee takes note of the explanations offered by the State party’s delegation
regarding the content and initial results of the Memorandum of Understanding signed
between Italy and the Government of National Accord, of Libya, on 2 February 2017, on
development, on countering illegal immigration, human trafficking and smuggling and on
strengthening border security. Nonetheless, the agreement, which was welcomed by the
members of the European Council in the Malta Declaration of 3 February 2017 and affirms
that the European Union will support Italy in implementing it, does not contain any
particular provision that may render cooperation and support conditional on the respect of
human rights, including the absolute prohibition of torture. Furthermore, the Committee is
deeply concerned at the lack of assurances that cooperation for the purpose of enhancing
the operational capabilities of the Libyan Coast Guard or other Libyan security actors
would be reviewed in light of possible serious human rights violations. In this connection,
the Committee draws the State party’s attention to the numerous reports of dangerous, lifethreatening interceptions by armed men believed to be from the Libyan Coast Guard, as
stated in the latest report of the Secretary-General on the United Nations Support Mission
in Libya (see S/2017/726, para. 36), and the horrific conditions in detention facilities under
the control of Libya’s Department for Combating Illegal Migration, recently documented
by United Nations human rights monitors (see S/2017/726, para. 35, and the press release
from the Office of the United Nations High Commissioner for Human Rights, of 14
November 2017, entitled “Suffering of migrants in Libya outrage to conscience of
humanity”).1
23.
The State party should take all necessary legal, political and diplomatic
measures to ensure that any cooperation and/or support that it may provide under
bilateral or regional migration management agreements is consistent with the
purposes of the Convention and with its obligations under international human rights
law and international refugee law. In this context, the State party is requested to
provide the Committee with information regarding the follow-up to the
implementation of the Italy-Libya agreement. As a first layer of control in
guaranteeing the correct use of European Union funds, the State party should also
consider, as a matter of urgency, establishing an effective mechanism for monitoring
the conditions on the ground in Libya for the implementation of the cooperation
projects.
Allegations of ill-treatment in “crisis centres” and other reception facilities
24.
While taking note of the information provided by the State party on the
implementation of the “hotspot approach” agreed upon by the European Union in 2015 to
achieve swift identification and screening of migrants and asylum seekers at points of
arrival, the Committee remains concerned at reports of ill-treatment and excessive use of
force by the police when taking the fingerprints of newly arrived asylum seekers and
migrants. The Committee notes the delegation’s affirmation that, under Italian law, the
police are allowed to use force to arrest individuals and obtain identification as a measure
of last resort, despite reports to the contrary. Also of concern are the reportedly substandard
living conditions in several reception centres for asylum seekers and irregular migrants,
including “crisis centres” and centres for unaccompanied children, and the fact that women
and minors are not always provided with separate accommodation, due to limited facilities.
There is also a lack of clear guidelines, clear procedures and a clear division of
responsibilities as regards the identification of vulnerable people and of individuals in need
of international protection. In this regard, the Committee regrets that the State party has
provided no complete information on the procedures in place for timely identification of
victims of torture and trafficking among asylum seekers and migrants (arts. 11 and 16).
1
Available at www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22393&LangID=E.
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