Catania Court: Egypt is really a safe country

  • WorldScope
  • |
  • 04 November 2024
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The Decision of the Court of Catania

A recent ruling by the Catania Court has emphasized that a list of “safe countries” does not exempt the judge from the obligation to verify the compatibility of such a designation with European Union law. In the ruling, the judge highlighted that in Egypt there are serious violations of human rights that compromise the freedoms of a democratic system. Lawyer Rosa Emanuela Lo Faro, the Egyptian migrant’s legal representative, commented: “It is the first ruling of this type after the decree law on safe countries.”

Sentence Details

The president of the Immigration section of the Court, Massimo Escher, declared “the question of constitutional legitimacy” raised by the protection seeker to be irrelevant. He therefore did not validate the order of the Police Chief of Ragusa which provided for the detention of the migrant. Escher stressed the importance of examining the qualification attributed to Egypt through the decree-law of 23 October 2024, which includes it in a list without exceptions. According to the Court, this qualification does not exempt the judge from the obligation to verify the compatibility with European regulations, as established by the European Court of Justice.

“In Egypt,” Escher writes, “there are serious violations of human rights… they persist in a general and constant manner.”

Political Reactions

Deputy Prime Minister and Minister Matteo Salvini commented on the decision by saying: “Because of some communist judges who do not apply the laws, the unsafe country is now Italy. But we will not give up!”. Giuseppe Santalucia, president of the ANM, added that the Court’s decision represents “one of the possible interpretative paths” and hopes that it will not be seen as an act of resistance by the judiciary. The ruling of the Catania Court raises important questions on the protection of human rights and the application of European asylum regulations.

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