The Apostolic Judge does not approve the detention of the other 4 immigrants. League: “We need to intervene”

Catania court judge Iolanda Apostolico did not approve the detention of four Tunisian immigrants by the Ragusa police commissioner in the Pozzallo CPR in the Ragusa region. This is the second ruling of the same magistrate in this sense, contributing to the disapproval of six more arrests made last Sunday by another Catania judge, Rosario Cupri. It was an expected and predictable decision, given that the previous Apostolic ruling had ruled that the Cutro decree approved by the Meloni government was “illegitimate in several respects” because – at least according to the court – asylum seekers from the so-called Safe Countries cannot be detained while awaiting the outcome of the expedited border procedure.

Motivations

In one of the four judgments rejecting the validity of the detention, the Apostolic Judge held that “the applicant cannot be detained merely for the purpose of examining his application, and, as has been stated in previous decisions of this Court, the detention of an applicant under European directives, which is a measure of deprivation of personal liberty, is subject to international protection only in the presence of justifiable conditions provided for by law.” can be legitimately implemented.

The judge also notes that the Cutro decree’s rule requiring the payment of a sum as security as a means of avoiding detention is “incompatible with the 2013 EU directive” as interpreted by case law. “It will be carried out on a case-by-case basis where necessary, unless less stringent alternative measures cannot be effectively implemented.”

Pre

As mentioned above, last Sunday another Catanian judge, Rosario Cupri, signed a similar ruling for the release of six migrants, giving a similar reasoning to Apostolico’s. Like Apostolico, Cupri objected to the rule introduced by the Cutro decree that an immigrant could be released by leaving the CPR by paying a deposit of 5,000 euros. This rule “is not, in fact, an alternative measure to detention, but rather an administrative requirement imposed on the applicant because he ‘requests international protection’.”

League: “Intervention is necessary”

Following the initial ruling ordering the release of the migrants, the Apostolic judge went into a storm after a video was released by the Union documenting his presence at a 2018 demonstration to call for the migrants to be taken off the Diciotti ship. And today the Union itself files its case against the judge: “Justice or politics?” We read in the note published by Matteo Salvini’s party. “First in a square where the police are insulted and removals are defended, then in a court to put other illegal immigrants back into circulation. Intervention is necessary to the extent permitted by the Constitution, out of respect for law, common sense and the Italian people.”

Fratelli d’Italia, the Brotherhood’s senator, also continues the attack: “While the police arrested 32 smugglers, a politicized part of the judiciary does not enforce the laws and tries to change the government and parliament to prevent the fight against mass illegal immigration,” says the Brotherhood’s senator in the Justice committee of the Palazzo Madama Gianni Berrino from Italy, the leader of the group, says that Apostolico “continues his activities without giving up”. “We are confronted with a provocative stance and reiterate that Apostolico should submit his resignation,” the senator explains.

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Source: Today IT

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