Migrants, Apostolico no longer validates four detentions. Piantedosi: “Let’s challenge”

A new confrontation is imminent regarding migrants on the Catania-Rome axis. In line with the decision taken two weeks ago, the judge of Etna, Iolanda Apostolico, today did not validate the detention in the CPR Ragusa of Pozzallo, of four Tunisian migrants. It was the police commissioner of Iblean who issued the provision, but for the judge, harshly attacked by Deputy Prime Minister Matteo Salvini in recent days, “the detention of an applicant for international protection under Article 2 of the 2013 Directive /33, constituting a measure of deprivation of personal liberty is only legitimately achievable in the presence of the justifying conditions provided for by law”. Furthermore, in the ruling, the judge recalls, as has already been done in previous cases, that “the Constitutional Court clarified that domestic legislation incompatible with that of the European Union must be disapplied by the national judge”. Apostolico, in short, says no to the rule of the so-called Cutro decree that provides for the payment of a deposit, considering it incompatible with EU directives. From Cagliari, where he chaired the Provincial Commission for Order and Security, Minister of the Interior Matteo Piantedosi comments: «We will evaluate and challenge. I do not know these last provisions in detail and I do not give summary judgments on legal proceedings”, “but we will evaluate and appeal”. The number one at the Ministry of the Interior defends the executive’s actions: “We are convinced that the government’s measures are legitimate and respect the legal framework – he notes -. The issue of detention with the aim of identifying and streamlining procedures at the border is a central theme of current and future European legislation, with the approval of the migration and asylum pact”.

The League was quick to make itself heard, publishing in a note its criticisms of the Catania judge’s decision: “Justice or politics? First in a square where the police are insulted and the landings are defended, then in a court to put other illegal immigrants back into circulation. Intervention is necessary, as permitted by the Constitution, out of respect for the law, common sense and the Italian people.” A large group of lawyers, magistrates and university professors gather around the Apostolic Judge and launch an appeal: “The protection of the independence of judges also requires respect for the elementary principles of the rule of law.” And several associations, from Asgi to Anpi and Centro Astalli, speak of “very strong concern” about “the personal attack directed directly by representatives of the executive branch against individual magistrates”. Among the signatories is also Dom Luigi Ciotti. Regarding the video filmed at the Catania pier on August 25, 2018, in which the Apostolic Judge is seen participating in a demonstration in support of migrants on board the ship Diciotti, and re-released in recent days by Deputy Prime Minister Matteo Salvini , Undersecretary of the Interior Nicola Molteni, who spoke in the Chamber, explained that «the investigations carried out by the Catania Police Station ruled out that the video published on social media could be traced back to the videos recorded by the forensic police operators on duty in that circumstance ».

Source: IL Tempo

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