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5 results on '"detention of migrants"'

1. Co je to právo? Právněteoretický pohled na rozhodnutí Soudního dvora ve věci Al Chodor.

Author

KADLEC, ONDŘEJ and BLAŽKOVÁ, KRISTINA

Abstract

The article comments on a recent judgment by the Court of Justice in the Al Chodor case, in which the Court of Justice concluded that the criteria of the risk of absconding, the condition for a detention of migrants, must be defined in a binding provision of general application. In the article, we analyse the judgment from the theoretical perspective, in particular with regard to the difference between the formal and substantive concept of law. Firstly, we summarise the argumentation of the Court of Justice, we analyse the structure of the applied norm and we describe the theoretical foundation of the formal and substantive concept of law. Subsequently, we critically approach the reasoning of the Court of Justice and we refute its arguments in favour of the formal approach. We emphasise the detailed doctrine behind the substantive concept of law incorporating among others strict requirements on the law applying institutions. Lastly, we briefly comment on the amendment of the Act on the Residence of Aliens in the Territory of the Czech Republic and on the law in other member states. [ABSTRACT FROM AUTHOR]

Published
2018

2. Migración irregular y políticas migratorias bajo el análisis de la Corte Interamericana de Derechos Humanos: el caso Nadege Dorzema y otros

Author

Karlos A. Castilla Juárez

Subjects
expulsion, detention of migrants, human rights, inter-american court, irregular migration, Law in general. Comparative and uniform law. Jurisprudence, K1-7720
Abstract

Irregular migrant persons usually find themselves in highly vulnerable conditions and with few real options to effectively gain access to justice. That has caused almost no cases where courts get to know human rights violations committed against them. That is why it is so important to know the scope and significance of the Inter-American Court of Human Rights judgment in case Nadege Dorzeman and others due to the fact that is only the second case in 25 years of contentious case law history of that court where it deals with such an issue. That being said, this article reviews the Inter-American case law related to migrant persons in order to establish according to the ruling in Nadege the current state regarding the analysis of irregular migration in the American court of Human Rights.

Published
2013
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3. Fleeing misery, seeking refuge in Italy, being destroyed by the state: when Europe denies the human. The Black book on the Pre-Removal Detention Centre (CPR) of migrants in Turin – Corso Brunelleschi

Subjects
detention of migrants, Moussa Balde, persons detained or deprived of liberty, Turin, human rights, de facto refugees, detainees, self-harm, migrants retention, migration law clinic, abuse of authority, Italy, state violence, Pre-Removal Detention Centre (CPR), foreign citizens, asylum seekers, people sans-papiers
Published
2021

4. Fleeing misery, seeking refuge in Italy, being destroyed by the state: when Europe denies the human. The Black book on the Pre-Removal Detention Centre (CPR) of migrants in Turin – Corso Brunelleschi

Author

Associazione Per Gli Studi Giuridici Sull'Immigrazione, Landri, Carla Lucia, Martinetto, Sara, Pagnotta, Irene, Papotti, Giovanni, Veglio, Maurizio, Fiore, Ornella, Martinelli, Laura, Vitale, Gianluca, Zahra El Harch, Fatima, Esposito, Francesca, Zohdy, Merna, and Balli, Fabio

Subjects
detention of migrants, Moussa Balde, persons detained or deprived of liberty, human rights, de facto refugees, detainees, self-harm, migrants retention, migration law clinic, abuse of authority, Turin, Italy, state violence, Pre-Removal Detention Centre (CPR), foreign citizens, asylum seekers, people sans-papiers
Abstract

In Italy, the police can detain an undocumented migrant for up to 120 days, regardless of any criminal record. This deprivation of liberty – and of means of communication – is ordered by the Head of Police (Questore), and implemented on the simple validation of an honorary (lay) judge, the Justice of the Peace (Giudice di Pace). The appeal procedure is reserved to the Italian Supreme Court (Corte di cassazione), and takes an average of 12 months. Detention occurs when an undocumented migrant cannot be immediately returned to their country of origin or provenience. Other measures provided for by the law, such as: the issuance of a passport; the obligation to reside in a previously identified place; and/or to report to the police at fixed days and times, are rarely used. Italy currently has thirteen detention facilities: nine Pre-Removal Detention Centres (CPR), as well as four Hotspots in the south of the country, located near the Mediterranean. More than 700 people in total can be held in these locations. The present document describes the living conditions of detainees inside the second largest CPR in Italy, located in Turin. The information were gathered by the Association for Legal Studies on Immigration (ASGI), which provides legal assistance to migrants to ensure that fundamental rights are respected. This black book was produced following the suicide of Moussa Balde, a 22-year-old boy who was attacked on 9 May 2021 in the streets of Ventimiglia by three unknown men. After being briefly hospitalized, the young man was taken to the Head of Police of Imperia, which ordered his confinement at the CPR of Turin in order to deport him. At the CPR he was placed in solitary confinement and was found dead on 23 May 2021. An investigation into these events, the living conditions and medical support in the Turin’s CPR from the Turin’s Prosecutor Office is currently ongoing. Versione in italiano – Version en français – Editable .odt file included.

Published
2021
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5. La detención de extranjeros en situación de vulnerabilidad vs. Derechos humanos.

Author

Muñoz Aunión, Antonio, León Silva, Glorimar Alejandra, Muñoz Aunión, Antonio, and León Silva, Glorimar Alejandra

Abstract

The so - called migratory exceptio nalism on which contemporary migratory law is being built is a dangerous political movement: non - citizens have no right to vote, it is a fertile ground for popular anxiety, fearful of the negative consequences of migration, which creates misunderstandings about the level of refugee protection (an entirely different category of persons); also xenophobic positions are reactivated and the need of governments to demonstrate a strong position towards their electorate, leads to different forms of repressive contr ol, which has increased the detention of immigrants with diametrically opposed purpose to the preparation of their expulsion. The review of the reference documents "return directive and reception directive" make evident the presence of great humanitarian p rinciples enshrined in a plethora of international and regional instruments, but their maxims statements are in symbolic places. The analysis of international jurisprudence will finally allow us to make proposals and harmonious approximations according to the international standards of human rights of migrant

Published
2018

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