Constitutional court decision that considers forced expulsions unlawful raised many reactions, Lega Nord members are willing to introduce a new crime: “the illegal permanence” crime.
The government has already announced that it could enforce a law decree that changes the rules on expulsions, which court sentenced as illegal. According to AN, such a measure is ready whereas Lega Nord says that it is not ready, politicians are awaiting for the court sentence to be published.
Today we are to again deepen these topics.
What is to happen to migrant citizens who hold no residence papers?
What is to happen from both a legal point of view and from everyday life point of view?
We interviewed Fulvio Vassallo Paleologo, ASGI Palermo.
Question: What do you think about Constitutional court sentence?
Answer: As far as what newspapers wrote court considered unlawful the Bossi-Fini law article on forced expulsions. It also rejected the case of citizens expelled despite the fact that appeals to TAR courts are ongoing. When TAR courts express their own point of view, the interested person is often already abroad. And this goes against the principles of jurisprudence.
This is what we understood from newspapers.
Constitutional court rejects all expulsions, which we often see on TV; the ones with title such as “Operazione vie libere”. Forced repatriations are often collective repatriations, migrants do not even pass from detention centres (structures with little constitutionality) where times are longer and migrants may be guaranteed some legal assistance.
Question: What do you think will now happen? Which are to be the government reactions?
Answer: A greater number of migrants will need to be detained inside cpts and this will lead to the discussion on detention centres. Constitutional court has also to sentence on the instructions ruling over detention centres. A government representative has already stated that detention centres should be opened in each Italian region. In fact if forced expulsions become illegal, all migrants without residence papers are to be detained inside cpts. This is another important issue: the government might introduce a new law decree and a new crime as well: illegal immigration. An administrative offence would become a criminal offence. This would allow the detention of clandestine citizens for the whole period during which documents are prepared in order to repatriate them.
Question: Is there the chance that this crime is introduced?
Answer: There are two aspects to this matter. The first is the criminalization of migrants: criminalization is both verbal and legal. The legal criminalization provides for the introduction of illegal immigration crimes.
This government’s choice would stop other serious matters, which Constitutional court is soon to study such as the arrest of migrant citizens who do not leave Italy within five days after being ordered expulsion.
Question: let’s go back to Court’s rejection, does it mean that three won’t be expulsions anymore?
Answer: I think that there are to be expulsions in the future, the government will find a way of making them possible. But I also believe that if there have been 674 appeals to Constitutional court during 2003; when the government enforces new rules, other appeals will be presented.
Question: Which is the relation between expulsions and detention centres?
Answer: Detention centres are to become a central issue. It is in fact clear that in case forced expulsions decrease, the pressure is to be put on detention centres, which are fortunately few, and we ask that they are closed down. We also need to remember that asylum seekers (the most of the so-called criminal clandestines that according to the government should be expelled) often cannot apply to refugee status recognition and they are put inside cpts. Inside cpts identification centres are often opened.
Identification centres are actually unlawful because the Council of State rejected the set of rules proposed by the government. There aren’t anyway funding to open these structures.
I am very much concerned about the fact that asylum seekers may suffer from strict rules without having their rights respected.
I am also very worried that many cpts will opened around Italy.
These are huge risks both to migrants and to civil cohabitation in our country.