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UN Working Group on Arbitrary Detention present finding
in Rome
.jpg) November
21, 2008 - The UN's Working Group on Arbitrary Detention (WGAD)
has expressed “significant human rights concerns with regard to
the centres in which migrants and asylum seekers are kept, in
particular with regard to the deprivation of liberty they are
subjected to.”
Speaking at a press conference in Rome on November 14, the group
made particular reference to the 'De Mistura Commission'. Two
years on, the findings from this government led Commission on
reception and detention centres have yet to be implemented. The
group stressed the findings from this Commission are still
valid, particularly in relation to the duration of detention and
the application of additional, arbitrary, detention periods.
The working group, made up of five independent experts from the
five regional groups of the UN, visited Italian prison and
detention facilities over a period of twelve days at the
beginning of November. One focus of the visits was on the
situation of detainees belonging to vulnerable groups, including
juvenile offenders and persons living with mental disabilities.
During the twelve days, consultations were held with several
ranking officials, among them, the Italian Secretary of State,
Director of the Department on civil liberties and immigration,
and the Minister of Justice.
Consultations were also held with several civil society
organisations. One such consultation was conducted at JRS Italy
offices in Rome on November 3. The consultation, with Caritas
Roma and the Italian Refugee Council (CIR), focused on arbitrary
detention, with JRS Italy bringing their experiences with
migrants to the table.
Speaking at the press conference Mr Aslan Abashidze, the
independent expert presenting the group's observations, made
comments concerning the EU return directive, saying, “With
regard to the duration of detention in expulsion centers, we
would like to stress that the limit of 18 months provided in the
EU return directive is meant to limit the duration of detention
in countries which currently have no limit. It is certainly not
meant to encourage countries with laws that establish reasonable
limits, such as the sixty days currently in Italy, to abandon
their good practice.”
Such comments are welcomed by JRS Policy Officer, Mr Philip
Amaral. “The findings of this group reflect an ongoing reality
throughout Europe, namely that EU member states are increasingly
detaining asylum seekers and migrants for longer periods of
time, in inadequate conditions and with little regard for more
humane alternatives to detention”, says Mr Amaral.
The working group qualified all findings by stating they
appreciate that the Italian government are making every effort
to uphold and protect human rights, but appreciate that there
are a number of “critical situations facing law enforcement and
justice in Italy [..] requiring extraordinary measures”. Namely,
organised, mafia type crime, the alarming rise of common
criminality by foreigners living in Italy without permit, and
the post 11 September 2001 threat of international terrorism.
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