Members of the European Parliament

LIBE Committee

Brussels 8 September 2005

Re : Forthcoming EP mission to Lampedusa Island, Italy, focussed on detention conditions for undocumented migrants and asylum seekers

Dear Madam,

Dear Sir,

In view of the forthcoming mission to Lampedusa, the undersigned organisations would like to take the opportunity to draw your attention to our concerns regarding the human rights situation of migrants and asylum-seekers in Lampedusa. We hope that the suggestions enclosed will provide helpful input to the points already addressed by the terms of reference of the mission. Our recommendations are based on the outcome of fact-finding missions carried out by some of the undersigned organisations, and which have already been made public.

As you will see in the recommendations enclosed, the undersigned organisations ask the European Parliament to urge the Italian government that any measure aiming at curbing irregular migration fully complies with international law standards, including the right to seek asylum and the principle of non-refoulement. The delegation should also press the Italian government to provide asylum seekers with reception conditions consistent with the minimum standards set out in Council Directive 2003/9/EC.

In the light of the Italian government’s recent expulsion of large numbers of Africans to Libya, we wish to recall that the EU’s ambition to fight “illegal immigration” must not prejudice the right to seek asylum on EU territory, nor allow scope for Member States to evade their obligations under international human rights and refugee law, and in particular the principle of non-refoulement.

Thank you in advance for your interest and consideration.

Yours sincerely,

Amnesty International, EU Office

Association européenne des droits de l’homme (AEDH)

Churches’ Commission For Migrants on Europe (CCME)

CIMADE

CIR (Italian Council for Refugees)

European Council for Refugees and Exiles (ECRE)

Fédération internationale des droits de l’homme (FIDH)

Jesuit Refugee Service - Europe

Field visits and collection of information

· The delegation should pay particular attention to conditions of detention, including material and legal conditions (rights and status of detainees) and transfer to reception centres in the mainland.

· The delegation should focus on vulnerable groups, including asylum-seekers by nationality (but also victims of torture, separated children, pregnant women, elderly and sick persons).

· The delegation should investigate further the opportunities for migrants to express their wish for asylum and to access a refugee status determination procedure; and seek detailed information about the right to an interpreter and legal assistance.

· The delegation should seek information in relation to the returns of asylum-seekers and migrants to other countries, with due regard for nationalities, procedures and conditions of removal. Particular attention should be paid to the identification process, but also to the procedural safeguards available to persons facing removal (written grounds for the decision, individual notification in a language that the person can understand, availability of legal advice and right to an appeal with suspensive effect before an independent tribunal.

· Within this context, the delegation should seek detailed information about the readmission agreement concluded between Italy and Libya, which has not yet been made public, as well as financial agreements for centres in Libya financed by Italy. The way Italy ensures human treatment and respect of dignity to the persons returned to Libya should be further investigated.

· The delegation should seek information about the possibility of UNHCR, legal advisers and NGOs to have access to the centre, as well whether a monitoring and inspection body exists, that is mandated to make regular, unannounced and unrestricted visits to reception centres. It should also examine closely the procedures for complaints in case of ill-treatment of persons hosted in the reception centres. It should seek information about the conditions under which non-governmental actors have so far been able (or obstructed) to monitor the situation in Lampedusa.

Outcome – Report and Further Steps

· The undersigned organisations recommend that the mission report includes a description of the needs and concrete co-operation measures which can be envisaged to guarantee that persons in need of international protection are provided with effective protection in Italy. The findings of the mission should be made public.

· In the absence of an EU-wide accountability and monitoring mechanism, the undersigned organisations recommend that delegations of the European Parliament should carry on visiting reception centres across the territory of the European Union, and more particularly in the following countries: Czech Republic, France, Greece, Malta, The Netherlands, Poland, Slovakia, Spain, and the United-Kingdom. Complementary to these missions, EP delegations should also investigate in transit countries, in particular the Northern African and Western NIS countries. The outcome of these fact-finding missions should be duly taken into account by the Commission and the Council in on-going discussions regarding partnership with transit and sending countries.

· Within the context of the forthcoming negotiations of the proposal for an EU directive on return, the undersigned organisations call on the committee to organise a public hearing on the issues of detention and expulsion.

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