The ANNOTICO Report
OK, so it's a slight exaggeration, But Amnesty International
"alleges" that
Detention Centers for those who have violated the borders,
and are
apprehended, are not "comfortable" enough.
Amnesty International readily acknowledges that States
have a sovereign
right to control the entry, residence and expulsion of
foreigners on their
territory.
And while I don't advocate it, I offer as an analogy:
If a Burglar breaks
into your home, you are entitled to SHOOT them!
If those Burglars are apprehended by law enforcement,
as in any country,
they are put in Jails, Not sent to a Hotel Resort!!
Further, AI alleges that people in temporary holding centres
have been
subjected to physical assault by law enforcement officers
and supervisory
staff, and to excessive and abusive administration
of sedative and
tranquilizing drugs, while at the same time admitting
the Italian
authorities are faced with high tension in the centres,
encouraged by the
detainees advocates, resulting in frequent protests,
including escape
attempts, and high levels of self-harm.
AI complain that Riots are met with reasonable force,
and Wildly Unruly
Detainees are sedated.
Is AI suggesting throwing flowers and playing soothing music instead??
Additionally, Amnesty International offers NO EVIDENCE
of any Inhumane
Treatment, only Speculation.
And this I like the best. AI seeking to put the most favorable
light on the
"intruders" generically by classifying them all as "asylum
seekers" and
bemoans the fact that "they" experience difficulty in
gaining access to the
asylum determination process while detained.
Why didn't the "asylum seekers" apply at the Italian Consul
in their
country of Origin, where the facts could be ascertained
SO much more
quickly, or in any of the Transit countries they travelled
through on their
way to Italy.
Is it that AI is more interested in helping the intruders
"game" the
system???
Amnesty International Press Release
AI Index: EUR 30/007/2005 (Public)
News Service No: 164
20 June 2005
Italy is increasingly placing asylum-seekers in detention
in violation of
international refugee standards. In its latest report,
Temporary Stay --
Permanent Rights, Amnesty International reveals a range
of human rights
abuses to which foreign nationals are subjected while
detained in
'temporary stay and assistance centres', and expresses
concern that similar
problems will be perpetuated in the 'identification centres'.
"Detention is an extreme sanction for people who have
committed no criminal
offence. Asylum-seekers should only be detained in exceptional
circumstances, in line with international refugee standards,"
said Nicola
Duckworth, Europe Director at Amnesty International.
"Likewise, the
detention of migrants who have entered or are present
in the country
without authorisation should be resorted to only on grounds
prescribed by
law, in accordance with international human rights principles."
Each year Italy expels or refuses entry to thousands of
foreign nationals,
some of them asylum-seekers, on grounds of illegal entry,
attempted illegal
entry or illegal residence. While awaiting expulsion,
many of these people
are detained in 'temporary stay and assistance centres',
sometimes for up
to 60 days.
Two months ago legislation came into force allowing the
majority of
asylum-seekers to be detained as a matter of course in
'identification
centres' while their asylum applications are examined
via an accelerated
process.
The report details allegations that people in temporary
holding centres
have been subjected to physical assault by law enforcement
officers and
supervisory staff and to excessive and abusive administration
of sedative
and tranquillizing drugs. Many experience difficulties
in gaining access to
the expert advice necessary to challenge the legality
of their detention
and of expulsion orders. Tension in the centres is high,
with frequent
protests, including escape attempts, and high levels
of self-harm. The
centres are often overcrowded, with unsuitable infrastructures,
unhygienic
living conditions and unsatisfactory medical care.
States have a sovereign right to control the entry, residence
and expulsion
of foreigners on their territory. That right must, however,
be exercised in
accordance with international refugee and human rights
law and
standards.The exercise of state sovereignty cannot be
at the expense of the
fundamental human rights of asylum-seekers or migrants,
whatever their
legal status.
Access to the holding centres has been increasingly restricted
and Amnesty
International's applications for visits to such centres
have so far been
turned down. Although it is not possible to confirm the
accuracy of all the
allegations concerning the holding centres, their number,
consistency and
regularity, taken together with the conclusions of international
governmental bodies and reputable international and domestic
non-governmental organizations, give them credence.
Many people in temporary holding centres experience difficulty
in gaining
access to the asylum determination process, resulting
in the return of
people to countries where they risk serious human rights
violations. Over
the last year Italy has repeatedly expelled entire groups
of people
detained after arriving by sea, without properly considering
each
individual's situation, in violation of international
human rights and
refugee law. The government's attempts to deal with arrivals
by sea are
seriously compromising the fundamental right to seek
asylum and the
principle of non-refoulement, which prohibits the forcible
return of anyone
to a territory where they would be at risk of serious
human rights
violations.
Amnesty International has drawn up a series of recommendations
which it is
urging the Italian authorities to address as a matter
of priority. The
recommendations point out the key international standards
that already
apply to people detained in the temporary holding centres
and highlight a
set of guidelines on the process of the "forced return"
of foreign
nationals, recalling existing rights under international
legislation, which
were adopted by the Committee of Ministers of the Council
of Europe in May
2005.
"Now is the moment for the Italian authorities to re-examine
thoroughly
their current policy, legislation and practice regarding
the detention,
conditions and treatment of irregular migrants and asylum-seekers
and to
ensure they are brought fully in line with international
human rights and
refugee law," said Nicola Duckworth.
For a copy of the full report, Italy: Temporary Stay --
Permanent Rights:
The treatment of foreign nationals detained in 'temporary
stay and
assistance centres', please go to:
http://web.amnesty.org/library/
index/engeur300042005.
http://www.amnestyusa.org/news/
document.do?id=
80256DD400782B8480257021004F9CF9