CAT/C/ITA/CO/4
page 4
Detention of asylum-seekers and non-citizens
9.
The Committee is concerned at the detention policy applied to asylum-seekers and other
non-citizens, including reports that they often face lengthy periods of detention in the Temporary
Detention Centres (CPTs) and the “temporary stay and assistance centres” (CPTAs). In this
respect, the Committee regrets the change in the legislative framework resulting from Law No.
189/2002 (the “Bossi-Fini law”) which permits the detention of undocumented migrants and
doubles the detention period (from 30 to 60 days). (arts. 2, 11 and 16)
The State party should take effective measures to ensure that detention of asylumseekers and other non-citizens is used only in exceptional circumstances or as a
measure of last resort, and then only for the shortest possible time. The State party
should also ensure that courts carry out a more effective judicial review of the
detention of these groups.
Access to a fair and prompt asylum procedure
10.
The Committee welcomes the new draft law on asylum (NO. C. 2410) which was
submitted to the Chamber of Deputies on 19 March 2007, and it notes with appreciation the
statement by the State party's delegation that the adoption of a comprehensive legislation on
political asylum is under due consideration. However, the Committee is concerned that some
asylum-seekers may have been denied the right to apply for asylum and to have their asylum
claim assessed individually in a fair and satisfactory procedure. (arts. 2 and 16)
The State party should adopt appropriate measures to ensure that all asylumseekers have access to a fair and prompt asylum procedure. In this respect, the
Committee recalls the obligation of the State party to ensure that the situation of
each migrant is processed individually, and the Committee further recommends
that the State party proceed with the adoption of a comprehensive legislation on
political asylum.
Non-refoulement
11.
The Committee notes with concern that individuals may not have been able, in all cases,
to enjoy full protection under the relevant articles of the Convention in relation to expulsion,
return or deportation to another country. The Committee is particularly concerned at reports of
forcible and collective expulsions from the island of Lampedusa to Libya of persons not of
Libyan origin. (arts. 3 and 16)
The State party should ensure that it complies fully with article 3 of the Convention
and that individuals under the State party’s jurisdiction receive appropriate
consideration by its competent authorities and guaranteed fair treatment at all
stages of the proceedings, including an opportunity for effective, independent and
impartial review of decisions on expulsion, return or deportation.
In this respect, the State party should ensure that the relevant alien policing
authorities carry out a thorough examination, prior to making an expulsion order,
in all cases of foreign nationals who have entered or stayed in Italy unlawfully, in
order to ensure that the person concerned would not be subjected to torture,