Rome Court Halts Detention of Migrants in Albania Amid Controversial Asylum Protocol
On Friday morning, the Court of Rome declined to validate the detention decrees for 12 migrants recently brought to the contentious asylum seeker centers in Albania, constructed by the Italian government to handle immigration issues. These individuals were part of the first group of 16 migrants to arrive, sparking significant scrutiny over their ongoing detention. In the preceding days, four migrants had already been sent back to Italy due to failure to meet required criteria.
The remaining eight were subsequently transferred to Gjader, a region within the municipality of Lezhë, where a reception center funded by the Italian government is located. While these centers are situated in Albania, the entire process concerning administrative detention and the assessment of international protection requests is overseen by Italian authorities. This means that every migrant arriving in Albania is initially issued a detention decree by the police headquarters in Rome.
Following this, the 18th section of the civil court in Rome, responsible for immigration matters, is expected to validate these decrees. However, on Friday, the court declined to do so, leaving the status of these individuals in limbo. Uncertainty looms over the future of these migrants, especially in light of the rapid rejection of their asylum requests by the territorial commission. This step marks a drastic departure from the usual lengthy process associated with asylum claims in Italy, where the first judgment can take months due to comprehensive procedural requirements.
In a peculiar twist, the asylum seekers now face a short seven-day period to file an appeal. However, the ambiguity following the Court of Rome's rejection of their detention order complicates the situation even further, raising questions about the forthcoming legal proceedings.
This unprecedented move by the court is partially influenced by a recent ruling from the Court of Justice of the European Union concerning the classification of so-called 'safe countries.' The updated protocol stipulates that only some migrants rescued in international waters—specifically those hailing from countries deemed safe—will be directed to Albania. According to the Italian government, 'safe countries' are those that are expected to uphold democratic principles and human rights.
Yet, the designation of these 'safe countries' is contentious, as many nations on Italy's list lack effective democratic systems and fall short of robust human rights protections. The Court of Justice of the European Union has highlighted that a country can only be classified as safe if it provides such assurances universally across its entire territory. Alarmingly, few of the 16 countries on the Italian government's safety list fulfill these critical requirements.
In recent weeks, courts across Italy have referenced this EU ruling in similar hearings, leading to a reevaluation of the classification of safe countries as well as the overall treatment of migrants within this controversial framework. As these legal battles unfold, the fate of the 12 migrants in Albania remains uncertain, reflecting broader concerns regarding Italy's immigration policies and their compliance with European law.
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