The Supreme Court of Cassation,
Italy's highest court, on Thursday asked the Court of Justice of
the European Union to clarify whether new provisions regarding
the detention of asylum seekers during the examination of their
request for international protection are in conflict with
European and international law.
Specifically, judges of the joint civil sections issued two
interlocutory orders requesting the European court to give an
urgent ruling on the requirement that asylum seekers from
countries that are considered safe pay bail of just under 5,000
euro to avoid being detained while awaiting for the outcome of
their application.
The request came during examination of interior ministry appeals
against rejections by the court in Catania of detention orders
issued for Tunisian asylum seekers in Sicily in application of
the provisions of the so-called Cutro migrant decree.
This piece of legislation, drawn up in the wake of the February
26, 2023 shipwreck off Cutro in Calabria in which 94 refugees
and migrants are known to have died, provided for the detention
in border locations of asylum seekers from so-called safe
countries of origin for the duration of the asylum procedure
unless they paid 4,938 euro in bail.
The provision was contested by Judge Iolanda Apostolico and
other judges of the specialised immigration section of Catania
court, who rejected orders for asylum seekers from Tunisia to be
detained at a new pre-removal facility in the Sicilian port city
of Pozzallo on grounds they contravened a 2013 European
directive laying down standards for the reception of applicants
for international protection.
The decisions drew strong criticism from the government, with
Apostolico in particular finding herself at the centre of a
political storm.
Italy currently considers 16 countries or origin to be safe:
Albania, Algeria, Bosnia and Erzegovina, Cape Verde, Ivory
Coast, Gambia, Georgia, Ghana, Kosovo, North Macedonia, Morocco,
Montenegro, Nigeria, Senegal, Serbia and Tunisia.
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