The Council of Europe has decided to shelve a case against Italy that began in 2016 with a sentence on the arbitrary detention of a group of migrants in 2011. The Council noted that Italy has taken steps to solve violations reported by the European Court of Human Rights.
Italy has introduced a system in its legislation whereby migrants can appeal to judges on the legality, duration and conditions of their detention in reception centers, the Council of Europe's council of ministers said on Friday (December 3).
The CoE on Friday shelved a case against Italy for migrant detention without appeal. The decision was taken after an exam of the steps taken by Italy to solve violations reported by the European Court of Human Rights in a sentence issued in December 2016 regarding the arbitrary detention of a group of migrants in 2011.
'Clear and accessible legal base'
Shelving the case, the council of ministers observed that "following legislative steps taken by Italian authorities, the current legal framework regulating the administrative detention of migrants in hosting centers provides a clear and accessible legal foundation."
Moreover, it "forces authorities to provide information to people on their rights and causes of detention, and provides for automatic judicial control on the legitimacy of any decision on detention."
Strasbourg also highlighted that information provided by the Italian government proved that migrants have the legal choice to request the examination of their living conditions in centers and demand compensation "if they reach the level of seriousness required to qualify as inhuman and degrading treatment."
Rules 'must be rigorously implemented'
The council of ministers expressed the hope that Italian authorities will "take all the necessary measures to guarantee that the new legal framework will be rigorously and coherently implemented in the full respect of the requirements of the European Convention on Human Rights", also responding to "concerns raised by civil society" on the respect of migrants' rights in the context of their administrative detention.