The Italian Constitutional Court shared the motivations for its latest disciplinary sentence regarding the Centers for Repatriation (CPRs) for migrants, where foreign citizens are kept while waiting to be repatriated to their country of origin, following an expulsion order issued by Italy.

According to the judges, the Italian government must act to resolve the problems or the legislation gaps regarding the detention of migrants at the CPRs. In the court papers, magistrates wrote that migrants detained in CPRs are "physically under the power of someone" [the authorities], which is thereby limiting the migrant's freedom.

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'The law does not uphold personal freedom', decides court

Following the sentence, the legal representatives of a migrant announced that they will appeal the decision to hold their client at a CPR. The migrant's lawyers requested "the immediate release of our client held at the CPR at Ponte Galeria" in Rome.

The issue regarding CPRs was raised at the beginning of February by the Justice of the Peace in Rome who expressed doubts over the constitutionality of the detention methods used and the principle of equality.

The Italian Constitutional Court, while declaring the appeal by the Justice of the Peace not admissible, underscored, however, that the current laws do not respect the rule of law in terms of personal freedom.

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Judges ask legislator to address potential gaps

However, the judges said it is up to the legislator to integrate this aspect it is not up to the judges.

Judges at the Constitutional Court mentioned that, in their opinion, the current legislation is not at all adequate to define, with sufficient precision, which "ways" should be used to apply this restriction, namely what rights those who are being detained have during that period of time -- which is not always a short amount of time -- when they are deprived of their personal freedom.

At the moment, the detention is almost entirely regulated by norms and administrative measures which are of a discretional nature.

"There will soon be a law" said a spokesperon at the Italian Interior Ministry. "The law that created the Centers for Repatriation dates back to 1998, governed by a norm entitled Turco-Napolitano [named after the two Italian ministers Livia Turco and Giorgio Napolitano who accompanied the norm through parliament]," and therefore, concluded the ministry, "the current opinion sheds light on a legislative gap that goes back in time, without however questioning the legitimacy of the use of the CPRs for the repatriation of irregular migrants. The Ministry of Interior's offices are already busy drafting [new] primary legislation."

Opposition members, however, used the court's publication to attack the government, stating that the government should not try and ignore the court's pronouncement, but should instead,"suspend further detention in these facilities while the parliament should immediately follow the indication of the Court," stated the Secretary of the Party +Europa (More Europe), Riccardo Magi.

Meanwhile, the Green Alliance (AVS) underscored that "These centers are a black hole regarding the rule of law."