Just a few weeks ago, the Italy-Albania Arbitrary Detention Agreement, proposed in November, appeared to have hit a legal and political roadblock. However, in an alarming acceleration of plans, the Italian Parliament is now close to completing ratification of the agreement, and the Albanian Constitutional Court has given the green light to the possibility of the Albanian Parliament carrying out a similar ratification, which is expected to happen within the next few days. There is.
These important decisions led to Italian Prime Minister Giorgia Meloni’s decision to arbitrarily hold thousands of refugees and migrants rescued at sea by Italian ships in detention centers in Albania, outside the EU. This will bring us closer to implementing the proposal.
Despite serious concerns expressed by the Council of Europe Commissioner for Human Rights, legal experts, civil society representatives, and many parliamentarians from both countries, the European Commission has so far They have chosen a worrying, if not complicit, stance on sexuality. -Agreement with Albania.
CEU Home Affairs Commissioner Ylva Johansson asserted that the agreement does not violate EU law as it operates “outside the scope of EU law”. This is based on a preliminary legal assessment that has not been shared with the European Parliament.
European Commission President Ursula von der Leyen last December hailed the deal as a positive “example of outside-the-box thinking”.
Italy insists that individuals rescued by its ships and detained in Albania retain the right to apply for asylum in Italy, and that “vulnerable people” will not be held in Albanian centers. There is. Nevertheless, the project violates EU and international law and poses a clear threat to the human rights of all those involved in the project, both at sea and on land.
The agreement clearly violates Italy’s obligation to disembark people rescued at sea as soon as possible after rescue. The maximum length of her stay at sea could be two to three days, as the ship travels from the central Mediterranean to the Albanian port of Shenzin.
Those on board the rescue ship who were identified as “vulnerable” will now be transferred back to Italy, where the journey will be even longer, but they will be among the lucky ones.
Others include those who are not readily visible and whose needs may be overlooked, such as victims of torture, human trafficking, and sexual violence, older minors, and people with mental health problems. He was disembarked in Albania and was detained.
While many details remain unclear, the agreement makes clear that people sent to Albania cannot leave the center during processing. This would result in their automatic detention, which is arbitrary in nature and therefore in violation of Italian, international and EU law.
Under the plan, asylum seekers arriving at Albanian centers will be subjected to so-called “border procedures” that involve fast processing of asylum applications at the border, in accordance with Italian and EU law. Expected changes to the EU Migration and Asylum Agreement will extend the duration of border procedures by a total of up to six months (possibly extended further), while Italian law requires authorities to Those seeking could remain in detention for up to six months. 18 months.
Italian jurisdiction — from afar
The Italian government has pledged to maintain Italian jurisdiction, meaning rescued people will have access to guarantees established under Italian and EU law.
However, under this agreement, a fair and effective The right to seek asylum, including access to asylum procedures, will be significantly restricted. As asylum committees, lawyers and judges.
Serious questions remain unanswered, including whether people will be able to receive quality help from the lawyers of their choice, especially if legal assistance and interviews are conducted only remotely.
The crux of the matter is that Italy has set aside the guarantees provided by EU law, such as the obligation to avoid arbitrary and automatic detention of asylum seekers and to ensure alternatives, and has decided to implement some of the EU laws that it plans to apply. It is a matter of carefully selecting the
The ratification law, which is being approved by the Italian parliament, states that legal guarantees under EU law will also apply to the Albanian center “as far as they are compatible” with the agreement.
Following this approach, Meloni’s government would not only lay the foundation for many human rights violations, but also provide a dangerous blueprint for other governments.
Even if the agreement is ratified, it could still face legal challenges, such as a case against the automatic detention of asylum seekers under Italian law that was just submitted to the EU Court of Justice. But other her EU institutions should not wait for this.
The European Commission refrains from supporting this approach and instead uses all tools at its disposal, starting with a transparent and detailed legal assessment of the Italo-Albania agreement, to ensure that Italy fully enforces EU and international law. It is necessary to ensure appropriate application.