During 2004, several events illustrated in a spectacular manner the strong-arm methods chosen by Italy to manage the arrival of migrants on its coast by organising massive and almost immediate refoulement at the time when the country was labouring to adopt a coherent legislative mechanism with respect to asylum. Although Italy has been able to introduce a dignified system of reception for asylum seekers in the context of a national reception programme, it is a long way far from satisfying needs and leaves many applicants by the wayside. Instead of trying to make it generally applicable, the reform of asylum legislation under way since 2002, which should come into force during 2005, is based on accelerating procedures and the creation of “identification centres” in which many applicants risk confinement by way of initial reception. Italy’s experience with respect to detention centres for foreigners - the CPTAs, in existence since 1998 - is not particularly convincing, and there are many criticisms of the ways in which their “guests” are treated. However, although the efficiency of detention with respect to the aims declared (improving the expulsion rate) has not been proven, the legislator recently doubled the maximum detention period in CPTAs.

This is the context of the FIDH mission to Italy, undertaken from December 5 to 15, 2004. It followed on the visit of the United Nations Special Rapporteur on Immigrant Workers in June 2004 [1] , and that of a delegation of the Council of Europe’s European Committee for the Prevention of Torture in November 2004 [2]. The intention behind the mission was not to consider Italy’s complete immigration policy, nor to consider in detail physical conditions in the detention centres for foreigners. In add to the study it made of Italian law with regard to the reception of immigrants, asylum and the removal of foreigners, the mission investigated the concrete conditions of treatment of asylum seekers and migrants in an irregular situation.

This investigation included:

  visits to four CPTA (temporary stay and assistance centres), and one CDA (centre of first reception),
  visits to several association reception centres for asylum seekers,
  a visit to the “Hotel Africa Tiburtina”, considered to be one of the largest squats in the capital, located on the outskirts of Rome, and where many asylum seekers gather,
  meetings with many associations and individuals involved in the defence of migrants and asylum seekers (see appendix list), and a representative of the Italian delegation of the United Nations High Commission for Refugees (UNHCR),
  meetings with officials of the Ministries of the Interior and Foreign Affairs.

The mission also pieced together, from information received, the sequence of three events that marked 2004: the Cap Anamur affair in July, the massive expulsions organised in October from the island of Lampedusa to Libya and, in the same month, the expulsion of thirteen Kurdish stowaways on the cargo ship Lydia Oldendorff, who were prevented from lodging applications for asylum on their arrival in Italy. These events are an illustration on the one hand of Italy’s attempt to take a firm stance in the European debate on immigration, and on the other hand the contradictions between its internal legislation, its international commitments, and the practices of its politicians.

[1] Report of the United Nations Special Rapporteur on Migrant Workers - visit to Italy, E/CN.4/2005/Add.3, 15th November 2004.

[2] Council of Europe Committee for the Prevention of Torture visits Italy, press release, 9th December 2004.

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