Unlawful expulsion and detention without the right to defend themselves in their mother tongue



Foto di repertorio (Ansa)


Avv. Lifang Dong and Avv. Fabio Bucci, assumed the defense of a Chinese citizen who received an expulsion order from the Italian territory and a subsequent detention decree at the Retention Center for Repatriation (CPR) in Ponte Galeria (Rome, Italy) .


In the hearing held before the Italian Judge, they pleaded the lack of translation of both the expulsion order and the detention decree, the justification adopted by the Novara Police Headquarters not being enough: "That it was not possible to translate the documents because it was not possible to find a Chinese language interpreter ”.


Avv. Dong and Avv. Bucci objected that in Novara, in a community of 700 people, it was necessary to provide proof of the unavailability of a Chinese-language interpreter.


In addition, they argued that at the validation hearing, there was no native speaker of Chinese but only an interpreter who spoke the English language. The European Convention for Human Rights (ECHR) states that anyone who is affected by a deprivation of personal liberty measure, such as detention in a repatriation center, must be able to defend himself or herself in his or her mother tongue language.


Therefore, the Italian judge did not validate the detention since, acknowledging the defendants' objections, he considered the detention issued in contempt of the ECHR, as well as of the Italian Presidential Decree. 40/98.


Therefore, the Chinese citizen was set free.

Avv. Lifang Dong and Avv. Fabio Bucci


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