The detention agreement between Italy and Albania violates international law and is abusive on many fronts, including the possibility of creating legal disability for vulnerable people. However, plans to hold in Albania those detained or rescued by Italy in the Mediterranean appear likely to go ahead.
On January 29, Albania’s Constitutional Court stated that the agreement did not violate Albania’s constitution, paving the way for a parliamentary review in Albania. In Italy, the deal passed the lower house of parliament in early January and is now being submitted to the upper house.
The plan commits Italy to establish two camps in Albania with a capacity of 3,000 people, including adult male asylum seekers picked up at sea by Italian coastguards and warships. People will be sent for identification and asylum processing. , and repatriation. Women, children, and those classified as “vulnerable” are exempt. According to some estimates, this plan could cost him 700 million euros in the first five years.
Italy’s latest move to shift responsibility abroad is almost certain to violate people’s rights. Following an abusive deal with Libya, Italy is now effectively taking those who reach the country outside the EU, which violates the fundamental principles of maritime rescue and violates the right to asylum and arbitrariness. It impairs freedom from physical restraint. It is also unlikely to deter people from making dangerous boat crossings.
This plan raises many questions. How will disembarking Italian rescue ships in Albania rather than the nearest safe Italian port affect Italian search and rescue operations in the Mediterranean? Will families be separated? Where, how, and by whom will “vulnerable” men be identified? How will Italian authorities ensure a fair asylum procedure and judicial review of detention in Albania?
It is not even clear what kind of law will apply. Italy claims it is Italian and EU law, but the European Commission initially said the plan was “outside the scope of EU law”. It later reversed course and said it would monitor implementation to assess “compliance with EU law”. Albania’s Constitutional Court stated that Albanian law also applies to detention centers.
The Council of Europe’s human rights commissioner warned that “the lack of legal certainty is likely to undermine important human rights guarantees.” The United Nations High Commissioner for Human Rights said last week that similar extraterritorial agreements were “causing enormous suffering and damage.”
The European Commission will assess whether the plan is consistent with Italy’s obligations under the EU Charter of Fundamental Rights and EU asylum law, and will advise Albania that EU membership requires respect for these standards. We need to intervene to send a clear message.