The Rome Court of Appeal, called to ratify the detention of three migrants at the Gjader CPR, raises "doubts about the legitimacy" of the protocol signed between Italy and Albania.

"The request for validation of the detention," the judges wrote, "could not have been granted given that this Court of Appeal doubts the legitimacy of the provisions of the Italy-Albania Protocol and the subsequent ratification law, the application of which is being sought."

The case concerns three rulings issued in February by the same Rome Court of Appeal, which did not validate the detention in the Albanian CPR of three applicants for international protection. These are Moroccan citizens who had been subject to an expulsion order and had previously served sentences.

The magistrates in the capital also raised doubts about the "compatibility" of the request for detention in Albanian centers with the current directives, which state that asylum seekers "have the right to remain in the Member State until a decision on their asylum application has been made."

However, in at least one case in question, the judges noted that "from an examination of the documents, including the expulsion order and the documents transmitted by the Police Headquarters, it does not appear that there was a previous application and that it was rejected, even though the prosecutor stated otherwise at the hearing, but was unable to document the allegations; in any case," they concluded, "it does not appear that such a provision was served."

(Unioneonline)

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