Dienstag, 24. Februar 2015
Migrants: unlawful deportation by chief of police
Agrocatania.org - Can chief police officers reject migrants? No, says the prosecutor, who bore out the Senegalese Diallo Ibrahim, whose case was heard on 18 February 2014 because of a decree for the deportation on the part of the chief of police of Syracuse.
Caught by the marines of the ship San Giusto from the sea without identity documents and residence permit, he was brought ashore in Syracuse and, on the same day, received the request to “leave Italian territory within seven days after the notification of the decree crossing the border from Rome-Fiumicino. “He was certainly not the only one who got the notice of rejection but Diallo has entered a caveat and demanded that it will be annulled. The judge agreed with him. The judgment has been signed by Massimo Pulvirenti who is of the opinion that the decision should be annulled because the jurisdiction lies only with the civil court and not the chief of police – as it is defined in the judgment of the court of cassation.
Referring clearly to the legislation, the judge reminded that this is a matter of civil law, and that “any litigation relating to the international protection, including the entitlement to humanitarian protection, to recognition as a refugee and the constitutional right of asylum, are of a general nature and are attributable to fundamental human rights that must be granted the foreigner who is at the border or in the territory of a state (Legislative Decree No. 286 of 1998, Article 2, Paragraph 1).” (...)
The following is a reference to a decision of the Grand Chamber of the European Court of Human Rights. There, the “deportations carried out at sea in the direction of Libya, are declared illegal, including the breach of Article 3 of the ECHR which has confirmed that “the difficulties in managing the migration flows by using practices on the part of States cannot be justified. These practices are incompatible with their obligations arising from the conventions.” And especially that “Italy is not released from the obligation to respect their own obligations arising from Article 3 of the Convention, only because the complainant had failed to apply for asylum or to explain the risks they could have encountered.”
But that's not all. The lawyer, who has taken on the defence of the young Senegalese, has also “protested against the unlawfulness of the process of deportation” because the formalities have not been respected. The copy of the deportation order and the notification protocol, for example, did not bear a stamp identifying these as a copy of the original. The copy of the decree was not signed by the chief of police but had only the imprint ‘On behalf of the Chief of Police’ etc. ... The judge recognizes the validity of the comments made by the lawyer and wrote that “the fundamental error of the invalidity of the deportation is because of the inaccuracy of forwarding the necessary formalities”.
Aus dem Deutschen von Aylin Satmaz