The Italian media “La Reppublica” has published an article announcing that the judges of the Migration Section of the Court of Rome have decided that the 12 Migrants brought to Albania must return to Italy, despite the fact that their requests for asylum have been rejected by the territorial commissions.

The head of the section, Luciana Sangiovanni, points out that the bans were not in line with the principles laid down by the European Court, suggesting that there is a deficiency in the implementation of laws protecting the rights of migrants.

“The bans were not confirmed in accordance with the principles, mandatory for national judges and for the administration itself, announced by the last decision of the European Court”, said Sangiovanni.

This statement by the Italian Court emphasizes the importance of protecting the human rights of migrants, especially those from countries considered unsafe such as Bangladesh and Egypt.

The court has argued that Italy has an obligation to ensure freedom and protection for these individuals, forcing them to return to Albania.

DECISION ACCORDING TO THE ARTICLE FROM “LA REPPUBLICA”:

“The judges of the immigration section at the court of Rome have decided: the 12 migrants brought to Albania must return to Italy. Everyone. From now on. And this despite the fact that their requests for asylum have been rejected by the territorial commissions.

This morning the Roman magistrates did not confirm, as was predictable, the detention of twelve asylum seekers from Egypt and Bangladesh, rescued on the night of October 13 by the Financial Police in the international waters of the Italian SAR area and transferred on board. The ship Libra e Marina in the port of Shengjin and from there to the Gjader detention center.

The reason is simple and predictable, because it is found in the decision of the European Court of Justice of October 4, that is, before the opening of migrant centers in Albania under Italian jurisdiction. That decision says that to be considered safe for a country is to be safe in all its parts and for every person, that is, there can be no persecution, discrimination or torture against anyone in any area of ​​the territory. And Egypt and Bangladesh, as well as Tunisia, applying the criteria of the decision, are not safe.

The president of the section Luciana Sangiovanni explains this very clearly in a press note: “The bans were not validated in application of the principles, binding on national judges and on the administration itself, announced by the last decision of the European Court after the proposed preliminary ruling by the judge of the Czech Republic Refusal to certify detention in Albanian structures and areas equivalent to Italian border or transit areas is due to the impossibility of recognizing the countries of origin of detained persons as “safe places”. consequence of the inapplicability of the border procedure and, as provided by the protocol, of the transfer outside Albanian territory of migrants who have the right to be taken to Italy”.

In fact, migrants in the centers across the border cannot stay or be released in the Albanian territory. President Edi Rama has also repeated this in the interview given to Repubblica. So the migrants will have to board a ship again to return to Italy, in the port where the Italian government decides to let them land.

They will then have 14 days from today to appeal the rejection of their asylum claim to the same migration division judges, who will assess it on a case-by-case basis. But since the rejections are tainted by border procedures which are now unenforceable, it is very likely that asylum claims will be reassessed under the usual procedures which take longer.

And this despite the fact that yesterday’s meeting of Territorial Commissions rejected all requests for international protection, thus paving the way for the transfer of the twelve to the second district of detention: CPR with 144 places (up to 24. are ready).

“Therefore, the Italian authorities have the duty to return those arrested to Italy and allow them to exercise their right to asylum on Italian territory,” explained lawyers Silvia Calderoni, Paolo Iafrate and Arturo Salerni, who are helping a Bangladeshi citizen of 12 detained in Gjadër.

The attempt to speed up the denial of asylum, although allowed by the fast procedures, but never so fast, according to the opposition MPs who entered the Albanian prisons, was a move to complicate the action of the robbers.

And to perhaps avoid the first journey of the Libra central ship across the Ionian and the Adriatic, which lasted two days and cost about 20 thousand euros per migrant in an operation that in total weighs over a billion of the Italian state in 5 years, it was returned. be a complete failure. Of the 85 rescued at sea by four boats, only 16 were taken to the 13-seat Navy ship. Two others, minors, turned back as soon as they arrived at the port of Shengjin. Vulnerability monitoring subsequently excluded two more. And today the “no” has arrived for the ban of the last twelve. Albanian centers with thousands of places that have been operating since October 13 may remain empty from this evening.”