April 19, 2021
Kidnapping. Matteo Salvini will go to the bar with this accusation for having prevented the freedom of movement of 163 migrants detained in part for up to 19 days (as half have disembarked) on board the ship of the NGO Open Arms. If therefore preventing freedom of movement constitutes the crime of kidnapping, we should imagine that from 21 August onwards those 163 once landed have regained their freedom. Let’s say 161, because two Syrians were immediately pinched and arrested by the police because they were identified as smugglers. Free then? Not at all, all prisoners, prevented from any movement. And not for just 19 days: largely kidnapped by Salvini’s successor, the current Minister of the Interior, Luciana Lamorgese, for well over three months. The proof comes from a letter sent by the Dublin Unit of the Ministry of the Interior on November 15, 2019, almost three months after the final landing of all the occupants of the Open Arms, to the lawyer Loredana Leo, who had accessed the documents as a representative of the Association for Legal Studies on Immigration.
The lawyer asks what happened to those 163, which she had also done at the end of October, obtaining a non-exhaustive answer. In this new letter he explains that only 15 of them were detained in the hotspot of Lampedusa for only 6 days without freedom of movement, and then embarked on Spain that would welcome them. Two remained “kidnapped” in the hotspot first in Lampedusa and then in Pozzallo for 37 days before leaving for Luxembourg, and another 34 prisoners in the same places for 55 days before leaving for France. Only 27 are really free, for a simple fact: during the transfer from Lampedusa to Pozzallo via Porto Empedocle they managed to run away, losing their tracks and thus becoming “untraceable”. Again: 5 will leave for Portugal on the following 20 November after a kidnapping that lasted 91 days. And 31 will be destined for Germany the following 30 November after 101 days of kidnapping. On the other hand, about seventy from Pozzallo are transferred to the Cara S. Anna in Crotone, where they will not have any freedom of movement and therefore on paper they will remain seized until a possible destination is found or the repatriation procedure has not started. . Because only one of the 163 of the Open Arms had the characteristics to be accepted as a refugee and had entered “national procedure”.
To fully understand what detention was in the Pozzallo hot spot, it is enough to recall the report of the National Guarantor for the rights of detainees or persons deprived of personal liberty that Parliament had reminded that a real kidnapping was to be spoken of if it had passed the 24-48 hours required by current legislation. And precisely in Pozzallo a delegation of the Committee for the prevention of torture and inhuman or degrading treatment or punishment had gone for inspection, believing that the migrants were there in a state of deprivation of liberty “without a legal basis” to justify their detention. And he wrote in his report “that the new Italian legislation does not provide a legal basis for the deprivation of freedom of those detained in the Hotspots”, calling on the Italian authorities to “clarify in the law on what grounds the freedom of movement could be deprived of those who came held for more than a few hours inside a hotspot ”.
So even for the international authorities to all intents and purposes those Open Arms migrants were kidnapped by the subsequent government and the current Minister of the Interior Lamorgese without any legal basis for a time that for most of them was even five times higher than the one challenged to Salvini enough to send him to trial as happened on Saturday precisely for “kidnapping”. If the law is such and it is the same for everyone on trial, then Lamorgese should also end, risking a penalty five times higher than that of her predecessor.
So it would be in a country where the law was the same for everyone. But so sincerely we think it should not happen either for one or the other, because with this limitation to freedom that rests on the various immigration rules, the ministers of the interior protect Italian citizens first of all. If we have arrived at the grotesque situation in which Salvini found himself in Palermo, it is only because the political class is full of clowns. When you are jelly and flab with them and together you govern, if a standard-bearer of order and security, but if then the jelly and flab melts the same shared and exalted acts becoming the worst of the worst. Legality and justice have nothing to do with this: it was only the fact that Salvini who was a friend became an enemy for the M5s. So they handed it over to the Palermo judges instead of answering (as they did when they were still jelly and fat) that the judiciary should not deal with these things. Of course, if Parliament had had to vote now that M5s and Lega are back together with the government, no one would have given Salvini to the judiciary. That’s the way the world goes, but given one for a minimum of coherence, one must also give the other. Lamorgese is also on trial. Indeed, all on trial. Prepare a bunker room …