1. Preliminary remarks; (Read full CPT report)
11. As part of the response to assist frontline member States that are facing disproportionate
migratory pressures at the European Union’s external borders, European Union member states and
institutions agreed in 2015 to implement the so-called “hotspot” approach to managing migration.5
The “hotspot” approach aims at swiftly identifying, registering and properly processing new arrivals
in designated centres at key arrival points and, if possible, swiftly returning irregular migrants who
are not allowed to stay in the country concerned. It is currently being implemented in Italy and
Greece. At the time of the visit, four “hotspots” (Lampedusa, Pozzallo, Taranto and Trapani) were
in operation, with a total official capacity of approximately 1,600 places.6 The Italian authorities
plan to establish five additional “hotspots”, which should become operational in the near future.7
As the number of new arrivals has regularly exceeded the available capacity by many
thousands, the Italian authorities have put in place mobile “hotspot” units within designated port
areas throughout Sicily and Southern Italy for identification and assistance purposes. These units
are temporary structures that can receive hundreds of migrants and refugees upon disembarkation
and can be activated when required. Because of their temporary nature, identification procedures
need to be carried out swiftly and foreign nationals are usually transferred within two or three days
to regional first-line reception centres (so-called “hubs”) or to specialised shelters according to a
nation-wide distribution plan developed by the Ministry of the Interior. The large majority
(i.e. around 70%) of new arrivals in 2016 and 2017 transited via mobile “hotspot” units.
12. At the outset, the CPT notes that “hotspots”, in law, are not conceived as places of
deprivation of liberty. Section 17 of Law-Decree No. 13/2017, converted into law by
Law No. 46/2017, introduces a new Section 10-ter in Legislative Decree No. 286/1998
(Consolidated Immigration Act or testo unico dell’immigrazione, TUI), which provides for
designated “crisis spots” (punti di crisi) to be established within first-line reception facilities for
rescue and first aid purposes, where those newly arrived undergo pre-identification procedures and
where they are provided with assistance and information. However, the new legislation does not
provide a legal basis for deprivation of liberty in the “hotspots”.8 Nevertheless, the Italian NPM, in
its thematic report of June 2017, observed that foreign nationals are deprived of their liberty in the
“hotspots”; for this reason, it recommended that a legal framework be developed for holding
persons there.
Indeed, at all three “hotspots” visited, those who had newly arrived and who had not yet
been identified and fingerprinted were not allowed to leave the establishment. Further, at Pozzallo
“hotspot”, the delegation met a number of foreign nationals who were not allowed to leave for other
reasons.10 In the light of the above, the CPT invites the Italian authorities to clarify in law in
which circumstances foreign nationals may be deprived of their liberty in the “hotspots”.
13. The procedures applicable in the “hotspots” and in the mobile “hotspot” units in Italy are set
out in a legally non-binding document, the so-called “Standard Operating Procedures” (SOP).11
According to the SOP, a “hotspot” is a designated area usually close to a disembarkation site where
new arrivals can be identified and accommodated. The new arrivals have to undergo compulsory
medical screening and identification of vulnerability and are provided with information on the
procedures and the possibility to apply for international protection and relocation. Police interviews
(i.e. pre-identification) and formal identification and controls, including fingerprinting, are also
carried out. The SOP also state that no one can leave the “hotspot” until identification procedures
are completed. When leaving the “hotspot”, foreign nationals are channelled either into the asylum/
relocation procedure (for those who have expressed their intention to apply for asylum or
relocation), specific protection procedures (for vulnerable groups, such as unaccompanied minors or
victims of trafficking) or forced return procedures (for those who have not expressed their intention
to apply for asylum and who are not entitled to stay in Italy).
14. As regards the establishments visited, Lampedusa “hotspot” is situated within walking
distance of the main city and port area on the premises of the former closed immigration detention
centre on the small island of Lampedusa (20.2 km²), about nine hours by boat from Sicily.
Accommodation within the “hotspot” consisted of two double-storey buildings (one for male adults
and one for women and minors) with rooms of various sizes. A third building – damaged by fire in
May 2016 – was out of use. Consequently, its operational capacity was reduced from 380 to 250
beds. That said, with about 1,000 additional mattresses and important stocks of food, the “hotspot”
could receive a great number of rescued persons for short periods. At the time of the visit, there
were 101 persons at the “hotspot”, including 28 adult men, two women and 71 unaccompanied
minors (ten were as young as 14 years), most of whom had spent about two weeks at the place.12 At
the time of the visit, the “hotspot” was fenced and its entrance gate guarded (see also paragraph 24).
Pozzallo “hotspot” is located in the former customs building of the port of Pozzallo, in the
south of Sicily. Surrounded by a 3-meter-high fence, with a guarded entrance gate, the “hotspot”
consisted of a massive concrete warehouse structure with large dormitory-type accommodation
blocks, and additional containers. The “hotspot” had 144 beds for adult men and 36 for women. A
newly created dormitory for unaccompanied minors with 54 beds was about to become operational,
thus increasing the capacity to 234. The delegation was informed that this capacity could be further
increased to some 300 places by placing additional mattresses on the ground. At the time of the
visit, the “hotspot” was initially accommodating 174 men, 32 women, and 59 children including 46
unaccompanied minors (i.e. a total of 265 persons),13 most of whom had been there for the previous
three days. Within hours of the delegation’s arrival, the majority of persons had been transferred,
leaving 57 men, 12 women and two children at the “hotspot”. Guards received instructions not to
allow 23 of them to leave the “hotspot”. The CPT would like to be informed of the legal basis
for holding these 23 persons at Pozzallo “hotspot”.
Trapani “hotspot”, located on the outskirts of the city of Trapani (Milo), is surrounded by a
tall brick-wall topped with a metal fence and guarded by the military. Until December 2015, the
“hotspot” had been operating as a closed immigration detention centre. The “hotspot” consisted of
six sections, which could be individually locked, each having several one-storey buildings with
dormitories, and had an overall capacity of 400 beds. At the time of the visit, the “hotspot” was
accommodating 26 men, eight women and six children (including one unaccompanied girl).14 Most
of them had been there for five days and all were allowed to leave the centre.
15. The mobile “hotspot” unit at Augusta port consisted of two large Rubb Hall tents and three
12-bed tents located near the quayside and provided temporary camp beds for up to 600 people. The
place was secured by a 3-meter-high fence. At the time of delegation’s visit, nobody was being held
there. However, since 2015, a total of 49,000 new arrivals had transited via Augusta port and, for
example, during the week prior to the delegation’s visit it was holding some 800 persons for a
period of over a week. The material conditions were Spartan but acceptable for stays of a few days
although there is a need to provide shower facilities as five washbasins with 10 taps is totally
insufficient to meet the needs of the number of people who might be accommodated there.
The CPT recommends that the Italian authorities install the necessary infrastructure,
and particularly showers at the mobile “hotspot” unit at Augusta port. In the meantime, the
facility should only be used to accommodate new arrivals for very short periods of time (i.e.
no more than two days).
The delegation was also able to observe for itself the arrival of a vessel involved in search
and rescue at sea at Trapani port. The organisation of the disembarkation procedure and the level of
coordination of the various actors and organisations involved were excellent. Following an initial
medical screening by a doctor from the Ministry of Health and a summary security check upon
board of the vessel, the 219 foreign nationals were allowed to individually disembark, whereupon
they received food, water, shoes and information from the different State actors and international or
non-governmental organisations present. Priority was given to medical cases, families and
unaccompanied children, who received immediate attention.
