On Monday, the Catania Court issued a ruling refusing to validate the detention of an Egyptian migrant, ordered on November 2 by the Ragusa police. Signed by Judge Massimo Escher, head of the section specializing in international protection, this ruling marks the first time an Italian court has chosen not to enforce the recent decree passed by the Italian government on October 21. The decree was intended to streamline migrant detentions and enable transfer to new holding centers in Albania.
The decision highlights a legal trend challenging the government’s “accelerated procedures” for detaining asylum seekers from countries it considers “safe.” This approach has repeatedly faced judicial setbacks, as Italian courts, bolstered by a ruling from the European Court of Justice (ECJ) on October 4, argue that a country can only be deemed safe if it is safe for all its inhabitants across its entire territory. Based on the ECJ’s criteria, individuals from countries like Egypt and Bangladesh—currently on Italy’s safe country list—cannot be detained simply because they hail from a “safe” location by government standards.
In response to previous court rulings, the Italian government attempted to reinforce its list of safe countries by embedding it within a decree. However, courts remain bound by EU law, which takes precedence over national decrees in cases of conflict. On October 18, for instance, another Italian court declined to detain twelve migrants from Egypt and Bangladesh, transferred to Albania under the government’s decree, due to concerns over human rights conditions in their home countries.
Judge Escher’s decision goes further, asserting that Italy’s list of safe countries does not release the judiciary from its obligation to verify each country’s compliance with EU standards on human rights. Drawing on reports from the Italian Foreign Ministry, Escher concluded that Egypt, due to restrictions on life, liberty, freedom of speech, fair trials, and LGBTQ+ rights, among others, cannot be considered a safe country. This ruling underscores the ongoing judicial scrutiny of Italy’s approach to migrant detention and asylum procedures under EU law.
