Direct repatriations from Albania, the accusation of the Democratic Party: "Violation of the laws"

On May 9, amid the government's silence, a charter flight departing from Rome to Cairo stopped in Tirana to pick up five Egyptian citizens locked up in the Gjader CPR. An operation – revealed in L'Altra economia – that yesterday the Democratic Party deputy Rachele Scarpa defined as "a serious precedent" as well as "a real violation of the European Directive on repatriation, procedural guarantees, the right to an effective appeal and the principle of non-refoulement" . The Democrat then announced that she had " immediately filed a parliamentary question to ask the Minister of the Interior on what legal basis this forced repatriation was ordered".

Hence the response from Viminale sources, who retorted that repatriations from the CPR of Gjader without passing through Italy are permitted by the agreements established between Rome and Tirana. But as Gianfranco Schiavone of Asgi already underlined yesterday on these pages , nothing is known about these subsequent agreements which, in any case, cannot violate internal and EU legislation on the part of Italy. The expulsion from Tirana airport is in fact contrary on the one hand to Article 13 of the Constitution, which establishes that full control of legitimacy on removal from national territory can be considered such only if the entire process takes place in the territory in which Italian jurisdiction exists. On the other hand, it also violates the EU Return Directive, which defines “removal” as expulsion that can only take place from the territory of a Member State, because the guarantees provided by European law must be valid in every phase of the expulsion procedure.

Also commenting on the statement made by the Ministry of the Interior yesterday was Filippo Miraglia of Arci, who spoke of " yet another demonstration of the Meloni-Piantedosi method: since we say something, it is true regardless of laws, directives and international conventions!" . And he added: " What is expressed by the Ministry of the Interior must be rejected because it is in clear contrast with the order of the Court of Cassation which referred the decision on the legitimacy of the detention to the European Court of Justice".

FROM

Asia Buconi