In recent weeks the court has not validated the detention of some Tunisian migrants, effectively disavowing the so-called Cutro decree
Building Chigi announces the appeal to the Supreme Court against the sentences of the Court of Cataniawhich in recent weeks has not validated the detention of some Tunisian migrants, effectively disavowing the so-called Cutro decree
“The Attorney General of the State has today proposed separate appeals to the Court of Cassation against the measures with which the Court of Catania denied the validation of the detention of migrants who arrived irregularly on the national territory”, in fact Palazzo Chigi announces, which explains: “The appeals submit to the Supreme Court the opportunity to decide in United Sections, due to the novelty and importance of the matter, and address the critical points of the motivation of the contested orders, with particular reference to the violation of Directive 2013/33/EU, because: a unlike what is stated in the ordinances, the directive provides specific procedures at the border or in transit zones, to decide on the admissibility of the application for international protection, if the applicant has no documents and comes from a safe country; it establishes alternatively detention or the payment of a deposit, and therefore there is no reason to disapply the police commissioner’s decrees which establish one or the other; the directive also contemplates the possibility that the applicant is moved to an area different from that of entry, if the arrivals involve a significant quantity of migrants submitting the request; in the case of the migrant coming from a country classified as ‘safe’, the applicant must demonstrate that, in the specific situation, the country is not safe, without improper presumptions on the part of the judge”, concludes Palazzo Chigi.
Source-www.adnkronos.com