Storia di Amin: Il racconto di un migrante tunisino liberato dal giudice di Catania

Amin Zoudie Mohamed, a 27-year-old Tunisian, shared his story of leaving his country due to death threats he received after accumulating a large debt to pay for his father’s medical treatment. He explained to the judge in Catania that he was unable to repay the debt within three months as required. Amin arrived in Lampedusa and immediately expressed his intention to seek international protection. He formalized his request upon arriving in Pozzallo. He mentioned that he had traveled through another location before reaching Pozzallo, but he couldn’t remember where it was. The police then brought him to Pozzallo. Amin stated that he left his passport in Tunisia because he didn’t think to bring it with him. He claimed to have no relatives in Italy, only in France. He expressed his desire to stay in Italy and find a home and work.

After arriving in Lampedusa on September 20th, Amin was transferred to Pozzallo. It was there that he received a deportation order, which he immediately appealed. A few days later, Judge Iolanda Apostolico of the Catania Court accepted his appeal and ordered his release. The detention of three others in the same legal situation was also deemed illegitimate. However, the Ministry of the Interior has stated that it will appeal the decision, seeking a review of the legal arguments by another judge.

Judge Apostolico emphasized in her ruling that the recent internal legislation regarding the financial guarantee to avoid detention is incompatible with European Union law. She stated that the financial guarantee imposed on asylum seekers from “safe” countries cannot be considered an alternative to detention but rather an administrative requirement that violates reception rules. She also highlighted the need for an adequate justification for detention and the evaluation of protection needs based on individual circumstances.

According to the Catania Court, the detention of asylum seekers from so-called safe countries contradicts Article 10, paragraph 3 of the Italian Constitution, which guarantees the right to entry for asylum seekers. The court’s ruling states that the mere fact that an asylum seeker comes from a safe country cannot automatically deprive them of the right to enter Italy and seek international protection.

During the hearing, two Tunisians who had already been expelled invoked the need for protection, one due to persecution based on physical characteristics favored by gold seekers in their country, and the other due to disputes with the family of his deceased girlfriend, who wanted to kill him, holding him responsible for her death.

Prime Minister Giorgia Meloni expressed her astonishment at the judge’s decision, which unilaterally declared Tunisia as an unsafe country and released an illegal immigrant who had already received a deportation order. Interior Minister Matteo Piantedosi stated that they will appeal the decision, as they believe there are grounds for it. He emphasized that they will continue with their initiatives, including accelerated repatriation procedures allowed by national and European laws, as detention is just one tool in these procedures.