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Although this report focuses on the study of the French-Italian
border, it is important to note that many of the people who decide to
leave Italy to enter France do so after having spent weeks inside a
refugee camp. We have collected several testimonies denouncing the
living conditions inside these camps, with inadequate food, hygiene,
and health services.
On March 5, 2023“Some people who were held at the Italian
border police station, waiting for the Red Cross to arrive to take
them to Ventimiglia, commented on the reasons why they wished to
leave/escape from Italy. They were terrified of being sent back to the
refugee camps, which they defined as hell on earth. They commented on
the lack of good food (they were given only small portions of pasta),
the lack of medical care and the unsanitary conditions in which they
were living.”
Once people leave a reception camp in Italy for over three
days, going back is very difficult. Most people we encountered seemed
to be aware of this, which might indicate that they still preferred
losing this service and trying to cross the border, rather than
completing the asylum process, which may take several months and end
in a negation of this status.
On Sunday April 30th a
volunteer reported: “A group of women from Cote d’Ivoire exit the
police station. Today, the Red Cross will not be coming as their
vehicle is broken. One of the women is pregnant and has a baby who is
around six months old strapped to her back. She seems eager to speak
to us. She describes how her friends and herself had been staying in a
refugee camp in Italy. The conditions were horrific, she reports. No
diapers for her baby, nowhere to wash her clothes, 60 people crammed
into a small living facility, no hot water or wifi, not enough food
nor any medical services. She repeats that she is pregnant. Her health
declined while she was in this camp, ‘look at my skin’ she says, ‘I am
unwell.’ In such conditions, she had no choice but to leave. In such a
place, her baby was not healthy nor safe. Later in the morning, we
encountered three unaccompanied minors who had left a camp in
Lampedusa. They reported similar unlivable conditions: scarce food,
overcrowding, and lack of hygiene services. One boy tells us he had to
dig through garbage to find the clothes he was wearing.”
This last testimony, in turn, illustrates the need to
implement a transport system on Sundays from the Italian border to
Ventimiglia. It is a 1 hour and 48 minute walk from the Border Police
to the first town in Italy, Ventimiglia. On weekdays, there is a bus
that takes you from the border to this village. However, on Sundays
there is no bus line passing through and migrants are not allowed to
walk to the Menton Garavan train station (located in France) to return
to Italy. This means that on Sundays, women with babies and children,
people who are sick or weakened by hunger, are forced to make the walk
to this town under all weather conditions. The only option left is the
Red Cross, which, on Sunday mornings, is supposed to pick up families
with young children at the border so that they do not have to make the
crossing.
On February 18th, 2023, a woman in her twenties
reported foot pain due to a fractured bone, which prevented her from
walking to Ventimiglia. Given that it was Sunday, she awaited the
arrival of the Red Cross to avoid walking. Meanwhile, her brother,
residing legally in Nice, promptly boarded a train from Nice and
journeyed to the border with the intention of providing support and
assistance. Regrettably, they were unable to locate each other at the
train station, as the Red Cross van arrived and the woman decided to
leave the Italian police station in it, so they missed each other.
However, the arrival of the Red Cross does not happen automatically
every Sunday. In theory, the Italian police are in charge of calling
the Red Cross if there are people on the move with children or women
with mobility difficulties. However, even under the insistence of the
project's volunteers, it is sometimes difficult to enforce this
precisely.
On Sunday, March 5th a volunteer reports: At
nine o'clock in the morning, the Red Cross van had still not shown up.
There was a family with a baby and a pregnant woman who had been
waiting since eight in the morning for the Red Cross to arrive. It was
preferable for them to have an automatic transport available. Together
with another volunteer, we decided to ask the Italian police to call
the Red Cross organization in Ventimiglia (the NGO prefers the border
security agents to call) and they replied that we had to wait, and
that the van would arrive later. About forty minutes later, the van
still had not shown up. I had to go and insist, standing in front of
the front door of the building so that the Italian police would call
the Red Cross. The volunteer who answered the call told the Italian
police that they could not assist that morning because they were
overwhelmed. If it had not been for an independent volunteer’s car,
all these vulnerable people would have had to walk all the way.
July
31st, 2020 marked the day of the shutting down of Camp Roya in
Ventimiglia. This Red Cross reception center had been a haven for
those in transit, having housed 800 people during the height of the
humanitarian crisis. Migrants could shower, eat and pray in the camp’s
facilities. While officials cited the COVID-19 pandemic as the reason
for these closures, as of 2023, there has yet to be a new reception
center in place. In September 2015, an informal “No Borders” Camp was
closed, forcing migrants to find refuge in the streets. The closure of
these camps has exacerbated the living conditions that migrants in
Ventimiglia face daily. Cristian Papini, director of Caritas
Ventimiglia, one of the largest operating aid organizations in
Ventimiglia, told the press that“after the closure of the transit
camp, the situation deteriorated and today public institutions are
entirely absent. The people who arrive are tired, they are losing
hope.” The Red Cross has requested permission to reopen its camp, but
the local prefecture has continuously denied it. The specificities of
PAF’s provisional border holding facility As multiple human rights
organizations have noted, the current suspension of the Schengen
agreement and the consequent transformation of this internal border
into a de facto external one has a series of implications for
practices inside the police stations’ holding facilities and practices
during the pushback at large.
According to Agnes Lerolle, part of the
CAFI project, ever since the suspension of Schengen in 2015, this de
facto external border has allowed for systematic identity checks and
for expedited readmissions (the pushback procedure that we outlined in
section 2), without however upholding the rights that people should
have at such borderzones, such as the “jour franc”, a day in which
people who are being detained should have access to legal and medical
assistance. Moreover, in this context we see a deprivation of freedom:
the confinement in border police premises (PAF) during the night is
not recognized formally at this borderzone. As ANAFÉ reports, this
borderzone is called “mise à l’abris” (shelter), which is not formally
a concept in French law. Migrants who try to cross the border and are
stopped are taken to the French Station called Police Aux Frontiéres
(PAF), and if their refus d’entrée is not processed in time before
closing hours, they will spend the night in an informal detention
center, often defined as a prison. Colomba told us that more than a
“legal gray zone” it’s a “legal black hole”.
The borderzone can be
qualified as such through accounts of people we have met, such as a
woman from Nigeria who, on March 19th, 2023, told us how she and her
family “can always cross the border because we have a French
recepissé. I don’t know what happened this time but they didn’t let us
through, even if they usually do thanks to the recepissé.” The woman
tells us the police made her sleep at the Menton Garavan train
station. A few days after, we met her again at SaveTheChildren and she
added that the French police had separated her and her child from her
husband, bringing her husband to sleep at PAF and letting her and her
child sleep at the train station. A very similar situation was
reported by a volunteer about a 33-year-old man on October 16th, 2022:
He had “domiciliation” (domicile) in France, proof of residence (or
residence permit - “recepissé”), but he was still taken by the police
[whether his documents were expired or invalid is unknown]. He told us
that there were “more than 50 people in the French police station that
morning and the police forced them to sit even though the rooms are
small and there’s no space.”
In general, this borderzone is first of
all problematic regarding administration. On April 30th, we met a
group of minors who told us that the Italian and French authorities
did not leave them much time to express that they were not of age.
Especially if the biometric data in the database shows that they are
older than 18, because they were registered as soon as they arrived in
a first-entry European country, the chance that police will double
check this information or listen to their opinion is low. On the same
day, a man from Guinea told us: “I have never spent a night in the PAF
police station - I’d never do that. I took the train from Ventimiglia
in the morning. The French police are much worse than the Italian
police; this is of course my experience, not a general statement. At
least the Italians don’t put you in prison. First, they (the French)
colonized us and now this. The Italians are fine, the French are
racist. I received a “refus d’entrée“; I understand what it means
because I’ve seen the document before. But they didn’t explain it to
me. Another man with me refused to sign it because he didn’t
understand what it meant.” Because a “mise à l’abris” is not a CDA/CRA
(Centro di Detenzione Amministrativa in Italian and Centre de
Rétention Administrative in French, Administrative Detention Centre),
no organization, government body or civilian is allowed to enter and
those who are inside can’t possibly appeal to their detention there.
“In 2019, said Lerolle, EU and French MPs asked to visit the border
police premises in Menton and Montgenèvre; according to European law,
this should be allowed. However, France has a different law that
provides a list of all detention centres that are qualified as such
and can hence be accessed by public officials and organizations.
Menton and Montgenèvre don’t figure in this list, so the MPs couldn’t
enter. This was actually a minor success for us, because the border
police detention centre had to be then defined, and having a word, a
concept [mise à l’abris] is a step towards regularizing it and
preventing human rights violations”. “Medici del Mondo (Medicins du
Monde) and ANAFÉ have filed a request access to this place [the Police
Aux Frontiéres Informal Detention Centre], said Jacopo Colomba, but
the Nice Prefecture (TAR) only accorded them one pre-determined hour
once a week to carry out an observation. This would not have been very
representative of the situation within the PAF, so they [MSF and
Anafé] did not accept this. “If a place where people are kept doesn’t
formally exist under French law and nobody apart from the police can
enter, then we can talk of a suspension of fundamental rights and rule
of law. Colomba called the PAF detention center a “non-luogo”, a
non-place. Moreover, if this is indeed treated as an external border,
the facility should be complete of socio-sanitary experts, a cultural
mediator, a lawyer, a translator and social workers. On March 12th, a
woman from Sierra Leone we met told us: “On the 14th of February I
arrived in Lampedusa, Italy. The police there were very nice. I spent
three nights in Milan and two in Ventimiglia sleeping on the street. I
want to go to France because that’s where my family is. I speak
French, too. I arrived here [at the French police station] at 7
o’clock [pm], then they put us in a prison here [she shows, it’s next
to the Italian police station], they locked us up. There is no bed,
not much food. They wrote my name in a document, but they didn’t make
me sign anything. They kept shouting at me, patting me down. The
police in Italy, in Lampedusa, they are very nice. But the police
here, especially the French police, they are not.” We received a
similar account on March 12, 2023, when “a group of three migrants who
had just spent the night in the Italian police station, reported they
had to sleep on the floor because there wasn’t enough room for them
all to sleep on the mattresses. They were given food and water.” The
lack of access to healthcare is one of the main issues that
characterizes Ventimiglia as a border-city and the borderzone alike;
this has taken a toll on the physical and mental health of people on
the move residing in Ventimiglia. In a report, Doctors Without Borders
noted that the recalling of traumatic events was widespread, leading
to “the repetition of mental health issues including depression, a
sense of abandonment, post-traumatic symptoms, apathy, symptoms of
adjustment anxiety and, in certain cases, psychosomatic problems.”