A Rome court ruled that the re-admission procedure imposed on the eastern Italian border under the 1996 agreement between Italy and Slovenia was invalid. The judges upheld an appeal filed by Pakistani asylum seekers who arrived in Trieste and were readmitted in July to Slovenia, then to Croatia and then to Bosnia.
The re-admission of migrants from Italy to Slovenia is illegal, the Rome Court ruled in its regulations on January 18 when it upheld an urgent appeal filed by Pakistani asylum seekers.
The man arrived in Trieste and was readmitted in July 2020 to Slovenia, from there to Croatia, and then on to Bosnia. The judge said the man had the right to enter Italy immediately to apply for asylum.
The decision, reached by lawyers Caterina Bove and Anna Brambilla of the Association for Juridical Studies on Immigration (ASGI), was lauded by the left, while the right-wing parties of the League and Italy’s Forza faced off against each other.
The Friuli Venezia Giulia region also opposed the decision, and called on the Italian government to intervene immediately, fearing an “invasion”.
In 2020, a total of 4,100 migrants arrived in Italy from the Slovenian border. In a statement on January 21, ASGI said the court’s decision “has imposed unlawful sanctions from the reinstatement procedure imposed on the eastern Italian border under an agreement signed between Italy and Slovenia in 1996, which was never ratified in the Italian Parliament.”
“This procedure is carried out in clear violation of international, European and internal law governing access to asylum procedures, it is carried out without giving legal orders to the interested parties, and without an examination of the individual situation, therefore with obvious injury to the right of defense and rights. to file an effective appeal. “
The statement also said, “it was carried out through detention administered without orders from the judicial authorities and clearly contradicts the non-refoulement obligations which prohibit foreigners from being exposed to the risk of inhuman and degrading treatment, which, as many NGOs documented and personal testimony, compiled by the Border Violence Monitoring Network, represents a dramatic constant on the Croatian border. “
ASGI said the decision “is a fundamental anchor for restoring legality to the eastern Italian border.”
Massimo Moratti, deputy director of Amnesty International’s Europe office, called it “an important rule.”
“It is said that the illegal attacks carried out by Italian police on the border with Slovenia under the 1996 agreement were illegal,” Moratti said.
Political reaction in Italy
The Rome court ruling has had a divided reaction in Italian politics. Nicola Oldati and Marco Pacciotti of the Democratic Party (PD) rejoiced, and recalled “the drama of thousands upon thousands of migrants blocked on the Balkan Route in the camps in Bosnia, on the verge of survival, often also victims of violence. No.” consolidated practice ‘can harm a person’s right to ask for international protection and also cannot allow pushbacks to occur without an order promulgated by a judge. “
Erasmo Palazzotto of the Freedom and Setara Party called for “immediately” to “suspend” this inhuman practice, “echoed by Riccardo Magi of the + Europa Radicali party.
Nicola Molteni and Stefano Candiani from the Liga party, on the other hand, continued the attack. “We hope that the interior ministry and the government will immediately challenge the penalties to protect the interests of Italian citizens and Friuli Venezia Giulia,” they said.
The regional government of FVG, which is led by a politician from the Liga party, also agrees. “If this concept passes, we will not have the tools to limit the invasion of our borders,” said FVG security council member Pierpaolo Roberti.
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