A/HRC/27/48
54.
With regard to measures for asylum seekers and persons entitled to international
protection, Italy has adopted a strategy consisting of a number of initiatives aimed at, inter
alia, ensuring their integration locally and strengthening the existing system. In that context,
various measures to receive asylum seekers and refugees have been adopted, including
reception centres and local-based projects for their protection system.
55.
As regards the administrative detention of foreigners for the purpose of establishing
their identity, article 14 of Legislative Decree No. 286/1998 provides for the adoption of a
reasoned decree, of which the person concerned is to be notified and regarding which he or
she can be heard, in person or through a legal counsel, before the judicial authority. The
above measure is reported within 48 hours to the competent magistrate to be validated. A
hearing is held in the presence of a legal counsel and the result thereof shall be promptly
communicated to the person concerned. The foreign national enjoys the right to a defence,
including free legal aid, and, if necessary, an interpreter. The court shall rule within 48
hours. The validation by the court entails the identification of the person concerned and a
mandatory stay for that person in a reception centre for a period of 30 days, extendable by
reasoned request for up to a maximum of 18 months, pursuant to Act No. 129/2011 which
extended the maximum term of detention in a reception centre from 6 to 18 months. In that
regard, the Vice-Minister of the Interior declared very recently that the Government
intended to drastically reduce that term. More specifically, the Constitutional Court has
never objected to the Italian system of detention in reception centres: the Italian legislation
is in line with European Union directive 2008/115/EC on common standards and
procedures in Member States for returning illegally staying third-country nationals.
56.
The Government reported that the complaints against Italy for violations related to
expulsions of foreign citizens were numerous and that there had been an increase in the
number of expulsions made on a preventive basis. Indeed, complaints related to judicial
expulsions, including expulsions carried out as a security measure, constitute one third of
those enforcing an administrative measure. The European Court of Human Rights has
handed down several judgments on the subject, 14 of which found a violation, 4 of which
concerned an alleged violation of article 3 of the Convention for the Protection of Human
Rights and Fundamental Freedoms for expulsions enforcing a judicial decision and 10
concerned administrative expulsions. In its response, the Government provided a
comprehensive legal analysis of the matter.
57.
With regard to the juvenile justice system, the Government reported that the changes
to the Italian legal framework begun in 1988 had led to a new organizational structure and
new management of the juvenile justice administrative services. The Department of
Juvenile Justice, consisting of central and local administration offices, ensures the
execution of the penal provisions of the juvenile court with a view to the social and
occupational reintegration of children in conflict with the law, as provided for in article 27
of the Italian Constitution. The Government reported on a number of measures taken to
improve the system and the various types of facilities for juvenile offenders.
58.
The Government also reported that the process of closing the judicial psychiatric
hospitals had started on 1 April 2008 with the Decree of the President of the Council of
Ministers that transferred the responsibility for the penitentiary health-care service to the
regions. In accordance with legislative decree No. 24 of 25 March 2013, the deadline for
the closure of the judicial psychiatric hospitals had been postponed until 1 April 2014, in
order to allow the regions to establish substantive health-care facilities and to arrange
individual treatment and rehabilitation paths.
3.
Terms of reference for country visits by the Working Group
59.
At its sixty-ninth session, held from 22 April to 1 May 2014, the Working Group
reviewed terms of reference for country visits which are designed to clarify the Working
18
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents