Not just Iolanda Apostolico. Another judge in Catania did not validate the detention of six migrants in Pozzallo .

The decision is made by Rosario Cupri , colleague of the judge who ended up in the eye of the storm and attacked by the Government.

Cupri's six measures are substantially overlapping with each other, very similar cases: one concerns a 37-year-old Tunisian who landed in Lampedusa on 3 October and transferred to Pozzallo. In the specific case the judge underlines, recalling a decision of the Court of Justice of the EU, how "the detention of an applicant for international protection" constitutes "a coercive measure which deprives that applicant of his freedom of movement and isolates him from the rest of the population, requiring him to reside permanently within a limited and restricted perimeter" .

"It follows - he observes - that detention, constituting a measure of deprivation of personal freedom , can legitimately be carried out only in the presence of the justifying conditions provided by law ". And remember that the Court of Cassation has also established that " internal legislation incompatible with that of the Union must be disapplied by the national judge ".

Fabio Presenti, lawyer for three of the six freed Tunisians, applauds the judge's decision: «The legislation is in conflict with community directives which do not allow detention for the sole reason of requesting international protection. And it is absurd to ask those who come without documents to pay a bank guarantee so as not to be locked up. Also because how can a foreigner pay this sum if he is without documents and cannot leave the centre? Therefore also in this case the court did justice by not validating the detention."

(Unioneonline/L)

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