Source: European Parliament
Question for written answer E-001884/2025
to the Commission
Rule 144
Giuseppe Antoci (The Left)
The Decree-Law on Security[1] that was recently enacted by the Italian Government introduced the new offence of ‘rioting’ in migrant detention centres[2], establishing heavy prison sentences of up to four years for people who commit acts of violence or resistance, even in a passive form[3].
The government, then, views detention centres[4] as real prisons[5] and is choosing to suppress, by applying strict punitive measures, all forms of dissent. Some forms of passive resistance, such as hunger strikes, are the only tool for detained migrants to exercise their – albeit limited – freedom of expression.
This scenario, which may breach detainees’ human rights, appears to run counter to EU law, in particular, the Returns Directive[6], Article 15 of which requires Member States to apply to detained migrants the least coercive measure possible in the specific case, and with the criterion of proportionality of the penalty in relation to the conduct laid down in the EU Charter of Fundamental Rights, given that in this case the conduct may also be not violent but simply disobedient.
In view of how serious this state of affairs is:
- 1.What is the Commission’s assessment of this new crime of ‘rioting’ in the context of Directive 2008/115/EC?
- 2.In the light of the provisions of EU legislation in this area, will it take action against the Italian Government?
Submitted: 12.5.2025
- [1] Decree-Law No 48/2025.
- [2] https://www.internazionale.it/notizie/annalisa-camilli/2025/04/08/cosa-prevede-il-decreto-sicurezza.
- [3] When they are committed by three or more people together.
- [4] Migrant pre-removal centres (CPRs) are administrative detention facilities where migrants are held when their status is at odds with the entry and residency rules in a specific European state.
- [5] Note the equivalent crime of rioting in prisons.
- [6] Directive 2008/115/EC