The project In Limine (On the border) began in March 2018, thanks to CILD and its member, the Association for Juridical Studies on Immigration (ASGI ), alongside IndieWatch and ActionAid. These partners were working on the project in the hotspot of the Italian island of Lampedusa, where they detected serious violations of the rights of foreign citizens who were landing on the Italian island.

This delegation observed a deep ambiguity in the nature of the hotspots they were monitoring. They collected these observations in the report “Scenari di frontiera: l’approccio hotspot e le sue possibili evoluzioni alla luce del caso Lampedusa” (“Border scenarios: the hotspot approach and its possible evolutions in the light of the Lampedusa case”).

Serious violations observed at migrant hotspots

Several worrying situations were observed at the hotspots, including informal detention and restriction of personal freedoms, poor material conditions, lack of information on people’s legal status, and a lack of information on access to the international protection procedure. This adds to serious concerns on the arbitrary distinction between asylum seekers and so-called economic migrants, and the only partial application of safeguards for the protection of minors.

Significant violations were also found in relation to information on the possibility of applying for international protection. Many of the foreigners who were interviewed highlighted the lack of information on their legal status and on the access to the international protection procedure, which is a breach of Italian law.

Salvini decree approved unanimously

On 24 September, the Council of Ministers unanimously approved the decree proposed by Minister Salvini on immigration and security, which has become known as the Salvini decree. This decree legalises some previously unlawful practices detected in the hotspots by the delegation. This in turn risks affecting people’s right to claim asylum.

Some of the rules introduced by the decree seem to be specifically intended to redefine the functioning of hotspots. Three profiles in particular suggest a possible widespread development of the limitations to the right of asylum.

Three worrying changes introduced in the decree

Firstly, there has been a change regarding the detention of CPRs, or Return Detention Centres. Article 2 of the Salvini decree increases the length of time asylum seekers can be detained in these centres to a maximum of 180 days. This would happen if the asylum seekers in question could not be identified. This 180 days is on top of the 30 days which is allowed to verify asylum seekers’ identity and citizenship.

Secondly, the decree allows for the procedures for assessing asylum applications at the border to be applied much more quickly than before.

Finally, foreign nationals who have received an expulsion order will be able to be detained in inappropriate accommodation. Article 3 of the Salvini decree provides that asylum seekers may be detained for up to 30 days in the hotspots and for a maximum of 180 days in CPRs. In addition, article 4 provides that irregular immigrants may be detained at border offices, if there are no places available in CPRs, as long as the police chief requests it and a Justice of the Peace gives permission.

Decree-law no. 113/2018 makes it even more urgent that the procedures that take place within the hotspots be made visible and transparent, with the aim of reducing abuses and violations of human rights.