The Court of Rome ruled in favor of two young Afghans in an urgent case they filed for humanitarian protection. The court ordered Italy to issue the Afghans humanitarian visas and grant them the right to enter Italy for protection due to the risk of serious jeopardy to their human rights in their country.
A statement from the Italian Association for Juridical Studies on Immigration (ASGI) reported a court ruling on a case filed by two young Afghans seeking protection, in which the Court of Rome ruled in their favor: the court said it is the judge's duty to recognize the right to enter Italy for protection from the risk of seriously jeopardized human rights.
The Afghans were journalists under the previous government in Afghanistan and engaged in various cultural activities. The court ordered Italy to issue the Afghans humanitarian visas.
The appeal was preceded by a formal request to the Italian Ministry of Foreign Affairs that highlighted the concrete danger the two young people were exposed to, but no response was ever given, which made it necessary to file an urgent court case.
The Court of Rome issued its ruling on 21 December 2021, after ascertaining that the two Afghans faced imminent and current risk in Afghanistan. It recognized their right to humanitarian visas pursuant to Art. 25 of the EU Visa Code.
ASGI reported 'obstacles by foreign ministry'
"Despite the clarity of the ruling, the foreign ministry is putting up a strenuous and unacceptable resistance, first telling the applicants to use humanitarian corridors (which still have to be activated, and therefore waiting months if not years); and then telling them to show, with relevant documentation, how they would be hosted and integrated in Italy, with adequate financial coverage," ASGI said.
It said the demands are unacceptable because "they pretend to ignore not only that an Italian citizen has already offered her willingness to host the two young Afghans, but also that every asylum seeker, when he or she becomes one, has the right to state-funded migrant reception if without their own resources, and the state is obligated to enact it."
'The West has forgotten Afghanistan'
"The clear attempt by the Italian State is to deny and frustrate the meaning and legal significance of the important ruling of the Court of Rome, according to which, faced with the risk of seriously jeopardized human rights, it is the judge's duty to recognize the right to entry into Italy for protection," said ASGI attorney Nazzarena Zorzella, who handled the case.
"This right, therefore, cannot be conditioned in any way, with the sole exception of the security checks ordinarily carried out by the State."
"The ministry's behavior denotes an evident resistance to respect for the fundamental rights of the person, in conflict with the constitutional obligations that it should be the first to respect."
"The battle will certainly continue but it will not bring honor to the Italian state. Italy, like many Western countries, has quickly forgotten Afghanistan and the fate of citizens who risk their lives and/or the very serious jeopardy of essential freedoms as a result of the arrival of the Taliban to power and the hasty abandonment of the country by the Western coalition that had presided over it for twenty years," Zorzella added.