Immigration

Migrants, transhipments resumed on the ship Libra Safe countries, new halt by the judge in Catania

The Sicilian court did not validate the detention of a man from Egypt

by Manuela Perrone

La nave Libra della Marina Militare entra nel porto albanese di Shengjmn con a bordo i primi 16 migranti che saranno accolti nelle strutture italiane costruite nel Paese, 16 ottobre 2024. ANSA/US POLIZIA ALBANIA +++ NO SALES, EDITORIAL USE ONLY +++ NPK +++

4' min read

4' min read

On the day on which a first transhipment of migrants was carried out on the Libra ship of the Italian Navy, which arrived in the morning south of Lampedusa and is destined to return to Albania with the people rescued at sea and deemed eligible for transfer, the tensions between the government and the judiciary restart from Catania, the court that a year ago saw the clash between judge Iolanda Apostolico and the executive always on immigration matters.

In the meantime, the Csm is calling for a case to be opened to protect the independence of the Bologna judges, who have referred the 'safe countries' decree to the EU Court of Justice. And Prime Minister Giorgia Meloni, in the evening, receives the vice-president of the Superior Council of the Magistracy, Fabio Pinelli, at Palazzo Chigi. "The visit," reads a note, "is part of a fruitful and virtuous collaboration, respecting the autonomy of the different institutions.

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Catania court blocks detention: 'Egypt is not a safe country'

According to the Sicilian magistrates, a list of safe countries "does not exempt the judge from the obligation to verify the compatibility" of such "designation with EU law", also because "in Egypt there are serious violations of human rights" that "affect the freedoms of a democratic order". With this motivation, the court in Catania did not validate the detention ordered by the police commissioner of Ragusa against a migrant arrived from Egypt, who applied for refugee status in Pozzallo. According to the migrant's lawyer, Rosa Emanuela Lo Faro, 'this is the first such ruling after the decree law on safe countries'. The same court annulled the detention of four other migrants, two also Egyptians and two from Bangladesh.

Salvini: 'Because of communist judges Italy is an insecure country'

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Not surprisingly, the first to comment was the deputy prime minister and minister of Infrastructure and Transport, Matteo Salvini: 'Because of a few communist judges who do not apply the laws, Italy is now an insecure country. But we do not give up!". Immediately afterwards, a note from the League attacks: 'Egypt is an increasingly popular destination for holidays, so much so that in 2023 it recorded a record number of visitors: 14.9 million, of which 850,000 from Italy. In other words, Egypt is a safe country for everyone, except for illegal immigrants who - according to some left-wing judges - cannot return there'. From the government filters 'anger' for 'a political choice that is not up to the judges'.

Judge in Rome suspends rejection of asylum application and refers to EU

The judge and president of the immigration section of the Rome court, Luciana Sangiovanni, instead issued a decree suspending the effectiveness of the territorial commission's rejection of the asylum application of one of the twelve migrants who had been transferred to Albania. With this measure, the magistrate referred the new 'safe countries' decree to the European Court of Justice, urging an urgent response and citing the Italian government's recent 'intervention'.

The Csm calls for a file to protect Bologna judges

Catania's ruling follows that of the Court of Rome, which did not validate the detention of 12 migrants in the centres that Italy had just opened in Albania, and that of the Court of Bologna, which referred to the European Court of Justice the question of the legitimacy, under EU law, of the decree law on safe countries approved by the Meloni executive, denying the detention of a young man from Bangladesh. The fibrillations remain strong. Proof of this is the decision of the togati members of the Superior Council of the Magistracy who today, excluding three members (out of the seven adherents of Magistratura indipendente, the conservative current), filed a request to open a file to protect the independence and autonomy of the magistrates of the Bologna college. According to the Csm, the measure has been 'the subject of highly polemical statements by holders of high institutional offices'. A situation that 'determines an unacceptable pressure on judges' and 'an objective conditioning for those who will have to deal with the same issues in the future'. Put simply, the framework that has been created 'undermines the independence of the entire judiciary'.

Santalucia (Anm): 'No to conditioning. Applause for Gattuso's letter

At the assembly of the National Association of Magistrates underway at the Bologna courthouse and open to the public, President Giuseppe Santalucia renewed the request of the past few days: 'We ask to be able to exercise our very delicate role without being subjected to any kind of conditioning'. On the sidelines Santalucia added: 'We are not afraid and we do not allow ourselves to be intimidated. This is not a desire to clash, but it does outline the wish for this clash to cease'. The meeting, which was well attended, was not attended by magistrate Marco Gattuso ('To avoid personalism,' he explained), the president of the college that referred the Dl to the EU Court. But the assembly gave a long applause, complete with a standing ovation, to a letter sent by the judge.

Piantedosi: 'Operations in Albania can resume'

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The government has no intention of backing down, however. The resumption of the Libra ship's operations in the central Mediterranean, announced at the weekend, proves this. The transfer of migrants to Albania will be able to resume 'as soon as the logistical and interception conditions, the transit of migrants, and then the pre-screening that can be done of any people who can be transferred to Albania are in place,' stressed Interior Minister Matteo Piantedosi, replying to reporters on the sidelines of the G7 Sustainable Urban Development event in Rome. The Viminale incumbent said he was 'confident' that the decree-law on safe countries could overcome the lack of validation by the judicial authorities: 'If not, we would not have done it. Operations can resume'.

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