A/HRC/4/19/Add.4
page 19
44. According to civil society, particular areas of concern relate to the lengthy and often
discretionary decision-making processes in the granting and revocations of stay, work and
residence permits despite the introduction of the “One-Stop Shop”; the different standards
applied at various courts of appeal in granting free legal aid; the lack of systematic translation of
official documents for foreigners; and particularly the lack of suspensive effect of an appeal
against an expulsion order before the judge of the peace.
45. Regarding the situation in CPTAs, concerns were expressed about the detention per se
of asylum-seekers or irregular migrants, and in any case about the excessive period of
“administrative detention” foreseen in the law, especially when the expulsion of foreigners is
not immediately enforceable. Additionally, NGOs strongly criticized the existence of
“multipurpose” centres, defined as reception centres though functioning as CPTAs, such as the
centre in Cassibile. Particularly worrisome in this regard is the lack of clarity as to the
applicable legislation directly affecting the migrants and asylum-seekers present in the centres.
As to the management of the centres, a common concern was expressed regarding the lack of
transparency and free access of lawyers, medical doctors and NGOs to the detriment of the
quality of services and legal protection granted to immigrants and asylum-seekers.30
46. During his visit to the Women’s Centre of Ragusa, the Special Rapporteur received
first-hand information about cases which, if confirmed, raised serious questions concerning the
psychological and legal protection granted as well as information given to the women held there.
A group of survivors, who had witnessed the death of 80 fellow immigrants in the course of their
voyage, had not received any psychological counselling and were still traumatized. A woman at
risk of deportation showed the Special Rapporteur her marriage certificate testifying to her
marriage to an Italian and the documents stating that her son had been granted refugee status due
to fear of persecution in their country of origin. In a separate incident widely covered by the
media, a group of asylum-seekers and immigrants denounced mistreatment and discrimination in
the centre at Caltanissetta (Sicily), where sub-Saharan Africans were subjected to discriminatory
treatment by some of those working in the centre.31 It was also acknowledged, however, that the
quality of the reception migrants received in the centres, particularly in Lampedusa, had
improved, though it still depended on the number of persons arriving on a particular day. With a
nominal capacity of 186 persons, only a week before the Special Rapporteur’s visit, the
Lampedusa centre had received 600 migrants. While there is a project to enlarge the centre,
NGOs voiced scepticism about its actual implementation as the enlargement has been pending
for years.
30
Under the legislation in force (DPR 303/2004), the Prefect (head of the Government
Territorial Office) entrusts the running of the centre to local, public or private authorities
operating in the field of social work or assistance to asylum-seekers or migrants.
31
Reportedly, unlike North Africans and migrants and asylum-seekers from other continents,
sub-Saharan Africans were required to pay in cash for services that should be provided for free
according to established rules and norms, such as food and telephone cards, and had to wait in
line to receive medical treatment.