La disciplina italiana sul trattenimento dei richiedenti asilo a fini d’identificazione e la sua conformità agli obblighi internazionali derivanti dalla Convenzione europea dei diritti umani,
Since the adoption of the Law 40/1998, the institution of the “detention” of migrants has experienced several modifications. Lastly, Art. 3 of the Law 132/2018 introduces the detention for the identification of asylum seekers, for the necessary time, in any case not exceeding 30 days, in hotspots and, where it is not possible to verify their identity, for a further maximum
period of 180 days within a centre for repatriation.
This provision raises doubts about its compliance with Italian international obligations, particularly with Art. 5 of the European Convention on Human Rights as interpreted over the years by the Court of Strasbourg. An assessment of this compliance shall take into account necessity, reasonableness and proportionality of the measures adopted.
The paper therefore aims at evaluating the detention of asylum seekers for the purpose of identification in light of international human rights standards, as developed in the jurisprudence of the European Court of Human Rights.