In the course of the visit the delegation held consultations with senior officials from the Ministries of Interior, Justice and Health. Further, meetings were held with the newly appointed Board of the National Guarantor of the Rights of Persons Deprived of their Liberty which operates as the Italian National Preventive Mechanism (NPM) as well as representatives of non-governmental organisations active in the area of immigration detention.

The CPT report highlights numerous critical issues regarding the management by the Italian authorities of CPRs, and in particular:

• unhealthy living conditions 
• the absence of recreational activities
• a "prison" approach, characterized by disproportionate security measures 
• a standard of health services that varies greatly between the various CPRs 
• the lack of transparency in the management of CPRs by private companies 

More generally, the Committee is highly critical of the physical layout and design of CPRs and in particular the carceral environment, which could be considered as similar to those observed by the Committee in the detention units accommodating prisoners under special regime. Examples of such elements include triple metal mesh screens on windows, and cage-like outdoor facilities. Other shortcomings identified relate to the poor quality of food provided to detained persons and the shortage of stocks of toiletries.

In terms of the regime of activities on offer, foreign nationals were effectively being warehoused in the CPRs, with the relevant CPR contractors investing only minimal efforts to offer a few activities of a purposeful nature. The relevant tender specifications (Capitolato) had not been respected, and the CPT noted that several criminal investigations against the management of various CPRs had been opened.

The CPT has also been able to observe cases of ill-treatment and excessive use of force by police personnel against foreign nationals detained in the CPRs visited. The report criticizes the absence of rigorous and independent monitoring of such interventions by the police, the lack of an accurate medical assessment of the injuries suffered by the guests of the CPRs and an objective assessment of their causes

The CPT gained the distinct impression that the high rate of critical events and violence recorded inside the CPRs was a direct consequence of the disproportionate security restrictions, the lack of individual risk assessments of foreign nationals, and the fact that detained persons were in effect provided with nothing to occupy their time. The Committee advocates for a full range of purposeful activities to be introduced, particularly in light of the extension of the period of detention up to a maximum of 18 months. The presence of cultural mediators and psychologists in the CPRs should also be increased.

The current approach whereby various law enforcement agencies, notably anti-riot and intervention groups, provide custodial supervision within CPRs on a rotational basis is not appropriate. In the CPT’s view, there is the need to create a dedicated corps of detention officers who are adequately trained in the specific challenges of supervising persons placed in immigration detention centres, in particular as regards interpersonal skills and the ability to recognise symptoms of possible stress reactions. The report concludes that the Italian authorities need to reflect on the lessons learned from the privatisation of the management services of CPRs and whether this is a suitable model.

In relation to the provision of healthcare, the current system of general practitioners certifying a person as fit for detention in a CPR should be reviewed, to ensure that doctors with prior experience and knowledge of the conditions in a secure setting are involved. The CPT also considers that the medical screening of detained persons upon their admission should be improved and that the interface between contractors and national health authorities be strengthened and that clinical protocols for the prevention of suicide and the management of hunger strikes be adopted.

The Committee is also worried by the widespread practice of administering non-prescribed psychotropic drugs to foreign citizens, as documented in the CPR of Potenza. In addition, the CPT said that the practice of transporting handcuffed foreign nationals in a police vehicle without offering them food and water during journeys of several hours should be reviewed.

As regards the legal guarantees offered to persons detained in a CPR, the CPT recommends improving access to a lawyer. Foreign nationals detained for the purposes of being removed should be informed well in advance of their imminent forced removal and the information provided to foreign nationals when they are admitted to a CPR should be improved. In addition, foreign nationals confined in the detention areas of state police headquarters (Questure), ports, airports and border crossings should be provided with the necessary guarantees, such as information on their rights, access to a lawyer and the possibility of being able to inform about their detention third parties

The CPT also makes recommendations on the need to better identify and address the vulnerabilities of persons detained in a CPR, to improve access to the outside world, to streamline the complaints procedure and to ensure stricter control and supervision of the activities of the management of CPRs by the relevant Prefetture. The report concludes that the Italian authorities need to reflect on the lessons learned from the privatisation of the management services of CPRs and whether this is a suitable model.

Finally, the CPT Delegation reports that it was informed during its visit of the Italian Government's project for the construction of reception and detention Centres for migrants in Albania, at the Shëngjin and Gjadër sites. In light of the findings on the highly deficient management of the four CPRs visited and the lack of transparency in their running by private companies, the CPT considers that there are serious doubts regarding the application of such a model by Italy in an extraterritorial context, such as Albania. 

In conclusion, due to the poor material conditions of detention and carceral design, the absence of a regime of purposeful activities, the inadequate management of critical events and the lack of adequately trained custodial staff, as well as certain problematic practices regarding healthcare, the Committee considers in its report that the CPRs are not fit for purpose and that the treatment of persons held within them needs to significantly improve. The fact that the management of several CPRs is the subject of ongoing criminal investigations by different prosecuting authorities is a further indicator of the gravity of the situation. 

The Italian authorities in their response to the CPT's observations, published together with the report, provide detailed information on the procedures relating to the transport and detention of migrants in centres located on Albanian territory. It is also indicated that the cases of physical ill-treatment described in the report have not been the subject of criminal investigation and that several inspections have been conducted by the health authorities in the CPR of Potenza regarding the practice of excessive administration of drugs to detained persons. Detailed information was then provided on the design and structure of the CPRs. According to the Italian authorities, certain prison and security elements of the CPRs are justified in light of the high rate of vandalism by detainees. The response also contains information on inspections conducted by the Ministry of Interior in various CPRs to verify standards relating to material conditions and staffing levels. Finally, in the response, reference is made to the publication of a new specification for the management of CPRs.

A final note concerns the CPT’s complain that it was not given an opportunity to its delegation to present its main findings to the senior leadership of the Ministry of the Interior at the end of its visit. According to the CPT, this is all the more regrettable given the serious and disturbing its findings in the CPRs. In this respect, the report considers that the response given by the Italian authorities on 17 June 2024 to the preliminary observations of the CPT's delegation, although informative on some specific aspects of the management and conditions of the specific CPRs, failed to address the systemic and fundamental concerns expressed by the delegation to the Italian authorities at the end of its visit and in its written preliminary observations. Consequently, the Committee trusts that the Italian authorities will provide a comprehensive and substantive response to the recommendations set out in the report, including as regards the current model of operating the CPRs.