United Nations Voluntary Fund for Victims of Torture
from 1.7.2006 to 31.12.2007
Our experience of the praxis of the Central Commission for the Recognition of the Refugee Status, and from April 2005 of 7 Territorial Commissions, has shown that a careful legal support, carried out through a deep knowledge of the case and of its social-political background (information included into a legal dossier sent to the Commissions and to the consultative member of UNHCR), is the strongest mean to avoid possible evaluation mistakes and abuses during the interview of VT asylum-seekers; this is particularly important for VT whose case is characterized by hard psychological conditions, which make them reluctant to speak about the persecutions and tortures suffered before institutional officers.
Moreover, taking into account the recognition trends of the Commission, we know that there are VT asylum-seekers belonging to communities among which the use of the asylum application is generally deemed instrumental by the Commission itself (e.g. Nigerians, Somali and Roma people) or whose recognition is not “advisable” according to a merely political evaluation (e.g. very low rate of recognition among Turkish Kurds, Tunisian, Togolese, and other people coming from country whose Governments have diplomatic relationship with Italy); for those cases a strong and documented legal support is the only way to a positive outcome of the procedure.
The acknowledgement of refugee status is currently the only way for VT coming from situations of persecutions to reach a stable legal status in Italy, which is the basis for the enjoyment of all rights related to integration (right to work, to disability pension, to housing, to enrol at University, etc.). This makes crucial, in our intervention, the legal action; actually the legal issue constitutes for VT asylum-seekers a prior preoccupation, and thus a very large number of them approach our services for legal assistance. A good legal support is not only a way of helping them by also a mean of contacting VT and addressing them to other services.
The recent restriction to the legal conditions of foreigners introduced to the Immigration Act by the Law 189 of September 2002 (so called Bossi-Fini Law and not regulated yet by apposite organic regulation us provide from the Constitutional Law), also affected the conditions of VT, with particular regard to the legal status of VT asylum-seekers after the rejection of their asylum application.
Moreover, after the April 2005 when was launched the Bossi-Fini Law Regulation of the 21-22 article (Asylum) the situation is quite chaotic, because the persons that have asked asylum before this date will be treated by the old procedure and by the Central Commission and the persons that have asked asylum after those date will be treated by the new procedure and by the Territorial Commissions.
And the Institutions they are not yet ready for this changing (for the financial and procedural reasons), so in these months they are realised very small number of asylum seekers auditions.
For the Regulation the new procedure instead that the asylum seekers arrived after the 21 April they have to be identified in the one of the 7 Centres of Identification but for the moment they are only 3 in the Southern Italy (Sicily, Calabria, Puglia) and than the askers from other regions must go for own expenses in these centres (the Regulation speaks about the payment of the ticket by Intern Ministry but there is not a fund yet).
Frequently, the person arrives in the centre and there is not the place, so he/she must go in another region, everywhere without the payment.
The Territorial Commissions go the Centres only two times a week for the auditions and the personnel is not sufficient, so they are very hasty in their job and the major effect is the not recognition of the refugee status([1]), with the consequence of the immediate expulsion and deportation in the country of origin or in Libya if the AS was arrived from there (as known the route of the traffic of human person and the mafia international business canal from the Corner and Sub-Saharan Africa to Southern Europe is in Libya, and the Italian Government has signed an agreement with Libya about the control, the deportation and the Detention Centres in Libya for AS that arrive from Africa).
This situation was the object of frequent discussions and interrogations at the national and international level, included EU Parliament and Tribunal of Strasburg.
Many campaigns and manifestations to denounce and protest was organized by the Associations with the public Local Institutions in Italy too.
All this situations is very dangerous for the protection of the human, civil and social rights of the AS and refugees in Italy, and between them especially for the Victims of Tortures.
The uncertain law and procedures, the lack of the structures (public and private) for the AS and Refugees and the lack of funding (for the 2006 the new Financial Law provides the cutting of the Social Fund of the 50% ) for these has created in 2005 in Italy the situation of uncertainty and in fact the cancellation of the rights, for all vulnerable categories.
According the new law after the withdrawal of the permit of stay following the denial of refugee status the applicant must be expelled, and that the appeal to the Civil Tribunal against that decision does not suspend the expulsion and the other effects.
In those cases, a careful legal assistance by experienced lawyers, with a reference to the general guarantees provided by our Constitution (which contains provisions on the “Constitutional asylum”) and by our Civil Procedural Code, is the only possible instrument to be used to stop the deportation of asylum-seekers VT at risk of further persecution in their country of origin. In such cases we used the procedure of art. 700 of Civil Procedural Code, which foresees an “urgent protection” of basic rights and interests pending the main appeal for their recognition. This instrument resulted to be successful to grant asylum-seekers a temporary sojourn permit pending the trial on the appeal against the denial of refugee status.
But this possibility can be used only for the AS under the old procedure, because in disaccording with the law the 3 Identification Centres are closed for the associations and the lawyers, so for the moment we see only recognized refugees or humanitarian status person that go out the Centres after the Commission.
The individuation of the victims of tortures between them is possible only after the positive recognition.
The effect of this new procedure on the psychological and physical level of the VT ascertained, after the recognition too, is more traumatic and the VT persons frequently speak that “the Identification Centre experience in Italy is worst than tortures”.
At the social level of the assistance for AS/R/VT the situation is very dramatic too: all the recognized statuses that go out from the Identification Centres and all AS under the old procedure are invited (by the same Institutions and NGOs in other regions) to go and to stay in Rome, where are most of the Italian agencies providing assistance to asylum seekers and refugees (AS/R) and they are more public places to stay.
But this determinates that the all public and private shelters in Rome (for all vulnerable categories and for about 1.200 places available for 3-6 months per person) are full and they are about 8.000 homeless people and other 30.000 persons are in “lodging of fortune” (ruins, “cartoon houses” and other reparation situations).
The esteem of humanitarian organizations and of the Municipality of Rome is that between these persons are about 80% of migrants of various status, and between them about 60% of AS and refugees.
The CDS-FOCUS with Centro Astalli and MCT in this period is monitoring the places for the exact knowledge of asylum seekers, refugees and victims of torture number.
The meeting with the persons directly in there places permit to address the AS/R/VT to our services, where we can to analyse every personal situation and choice with the person the personal integration project, starting from the legal and social situation.
In this first appointment we can to individuate too if the person is a victim of torture; this is here that the person can speak for the first time, with the social, legal and other humanitarian workers, about his/her personal story of the persecution, the escape, the own condition and the future perspectives.
From this moment start our intervention: legal, social, medical and psychological support to get the dignity, the recognition of the rights, the rehabilitation at the physical and psychological level and the social integration.
The homeless condition in victims of torture has several consequences: the particular social exclusion, weakness and vulnerability of those persons, who are often not autonomous in acceding the institutional and NGOs services and do not enjoy the minimum logistic tranquillity in order to start and follow a path of care, rehabilitation and social integration into the Italian society. This means they are often “invisible” as persons and as victims, and there exists a causal interconnection among the gravity of their case, their vulnerability and the condition of homeless (i.e. one increases the other and vice versa).
Their legal status has many consequences too, in the case of the old and the new procedure: in the first case the attend from the 1-2-3- years for the decision without the rights, the valid permit to stay and without sufficient resources for the life provokes very hard psycho-physical condition, in the second case the traumatic experience of the escape, of the treatment in the first 30 days from arrival in Italy and after, if recognized, of integration problems (the recognized refugee or humanitarian status after 30 days from the arrival do not know nothing about possibilities of integration, do not know the Italian language and where he/she can to obtain information or services) or, if not recognized, of deportation and impossibility to obtain the assistance.
During the year 2005 we offered the reception, orientation, social, medical and legal support for about 3.000 asylum seekers indicated from different institutions or organizations (in particular UNCHR-ACNUR Italy, SID/ex-Refugees National Program coordinated by Inner Ministry-UNHCR Italy-ANCI, Municipality of Rome who manage shelters for refugees and migrants, different NGOs and, obvious, Medici contro la tortura and Centro Astalli – partners in the project for victims of tortures).
The substantial number of refugees reported violence (about 90%) or tortures suffered (25% of asylum seekers and refuges users, but we confirm that this number is too much law respect the reality).
Following we have supported in 2005, in particular services for victims of tortures 201 persons (new arrivals) and 190 persons taken in charge in 2004, that was insufficient for the needs of all asylum seekers and refugees population in Rome, and we are convinced more and more that the work about victims of tortures in Italy will grow, and the needs of victims of tortures are so particular that they request a more specialization of the operators.
Our Association operate in large network of public institutions, international organisations and NGOs.
Users are sent in our Centre from public and private structures and professionals who are conscious of their specific needs (Inner Ministry, Police offices, UNHCR, Local Sanitary Units, hospitals, Local authorities, NGOs, privates) or they are contacted from our reception services seats in 20 Italian cities.
According with the methodology of the individuation the VT by use of Legal and Psychological Unit Street started in 2004, with the support of UNVFVT too, it is very important to continue this job that has had more results in terms of individuation of the most vulnerable VT, not in conditions to ask help by another way.
The following services will be continue provided for victims of tortures in a full range([2]):
· Orientation and support services: orientation to services and local issues, personal secretarial support, inter-linguistic and interdisciplinary social mediators (mediazione linguistico-culturale e sociale), interfacing on behalf of the users towards local and international authorities, legal assistance and support (procedures to be recognized, appeal to evidently unjustified denies, re-joining with families, unaccompanied, abandoned and adopted children, expulsions, labour trials, penal, etc.), courses of Italian language and orientation to educational resources offered by the public/private sector for children and adults, career planning, housing opportunities basic and specialized assistance (gynaecology, paediatrics, surgery, physiotherapy, nose and throat specialist, psychology, psychiatry, acupuncture, etc.), intercultural and socialisation activities.
Operating in Network, we will arrogate the following services:
· A previous information technology investment provided us with a data bank on services to refugees in Italy, witch permits to obtain information on the places available in shelters and centres in Italy, harmonizing demands and offers. Basic orientation for the guests and the holsters about local opportunities for integration and support. Mailing list on the Italian specificity of integration of refugees, activities of information, divulgation, specific training for public and private professionals, supervision on shelter and orientation activities for local services.
· Coordination in the thematic and local networks with the partners of the project, services on a national coverage and in collaboration with International agencies, collection of basic health and social indicators and elaboration of dates with experts for implementing the evaluations of the project.
· Activities of study and research to strengthen the national network operating on migrants and refugees, driving the attention of medias and policy-makers on basic indicators and indices recommended by United Nation’s Development Programme for developing regales on standardisation of the quality of life of the realizing integration.
The part of the project witch we ask to be financed by a direct contribute from UNVFVT is dedicated to the qualitative and quantitative implementation of the service of legal, social and
psychological support for victims of torture, complementary to the described activities and realized through two modalities:
· The Unit street for to individuate the potential VT between homeless potential and effective asylum seekers and refugees. When a lawyer together a psychologist and cultural mediators go in the places when the homeless people live (stations, parks, streets) speak with the people and understand if the person may be the potential VT, understand if he/she asked the asylum and if is informed the possibilities of asylum demand, services, etc. When the person is individuated the Unit Street take in charge the case and accompany him/her to our services.
The identification will be carried out according in the prosecution of the following criteria:
- New arrivals severely injured in body and bearing invalidating sequalae of violent practices;
- People showing signs of stress, anxiety, depression and worry;
- People showing psychiatric and post-traumatic symptoms;
- Declared victims of imprisonment aiming at destroying personality, who experienced a condition of depression and anxiety, which could lead to dangerous behaviours (a particularly high rate of crashes, of importunes on the place of the job and attempted suicide, subjection to theft and to severe aggression, has been observed);
- People who experienced sexual violence;
· In the sits of our Association will be realized the legal, social and psychological service for VT:
o Legal – all procedures for recognition of asylum demand (dossier about personal history, accompany to Police Headquarter and Commissions, recommendation to Commissions and UNHCR of the case, appeal against refuse of the refugee status, etc.);
o Social – accompany in all the steps of the social integration (school, training, courses of Italian language, job, housing, etc.);
o Psychological – psychological support in the process of the recognition and social integration.
The project is renewal and extension of the project realized with UNVFVT contribution from 2001 to June 2006, intern to global project turned to asylum seekers, refugees and victims of torture realized from 1991.
The project will be realized in direct collaboration with strength partnership with Humanitarian Association “Medici contro la tortura”, Jesuit Refugee Service – Centro Astalli, and with collaboration with all Italian NGOs network operating in favour of refugees, asylum seekers and migrants, but also collaboration with public and international institutions and organisations (UNHCR-ACNUR, UNHCHR, ONU Italia, Central Commission for recognition of the status of refugee, Amnesty International, Inner Ministry, City Councils, ANCI, Provinces, Regions, Social services, IOM, IOL, Medicine du Monde, Medicine sans frontiers, etc.).
The project aims to give assistance to 400 persons (to continue the assistance for 150 persons and to give assistance for a new 250 persons) - asylum seekers and recently recognised refugees, victims of torture, (300 men and 100 women - between 16 to 65 years old) mains coming from Turkey, Iran, Iraq, Afghanistan, Democratic Republic of Congo, Congo-Brazzaville, Sierra Leone, Sudan, Eritrea, Ethiopia, CIS, or other countries but without any kind of restrictions of age, nationality, gender or history.
[1] The numbers of the 2005 speak about 9019 new demands of asylum after the 21st April (more of 25.000 old demands are open still), which about 5% was recognized refugees, about 25% have recognized humanitarian status (according with national law humanitarian status is given for one year, and every year the Commissions have to confirm or not this status for every person), and about 70% rejections. But there is not all data because there is unknown the number of persons whom was impossible to ask asylum (for example the North-African citizens can not to ask asylum, they are considered “instrumental demands” and they are expulsed before.
[2] Unfortunately in March and April 2005 we have had to close 6 shelters for 120 places for AS/R/VT managed by CDS-FOCUS for a cause of the cut of funding (and with ours many other organizations have had to the same). Consequently, a part of the social and legal across activities had to be re-dimensioned. This fact was disastrous for our users, only one part could go the enormous shelters for homeless people opened by the Municipality of Rome in the far zones of the city or of the province, but the greatest part of them came back on the street.