Amin Zoudie Mohamed, a 27-year-old Tunisian, shared his story in court after being released from expulsion along with three other countrymen in Catania. Amin explained that he left his country due to death threats he received after contracting a high debt to get his father treated. He was supposed to repay the debt in three months but was unable to do so.
Upon his arrival in Lampedusa, Amin expressed his desire to seek international protection and formally submitted his request once in Pozzallo. He also mentioned that he had traveled to Pozzallo from another location in a private vehicle but did not know where that place was. Amin further added that he did not bring his passport with him as it was left in Tunisia. He claimed to have no relatives in Italy but only in France. Despite not having a place to live or work, he expressed his desire to stay in Italy.
Amin arrived at the port of Lampedusa on September 20th after departing from Sfax. His boat was apprehended by the Finance Guard, and he was transferred to Pozzallo on September 25th. It was there that he received the expulsion decree, which he immediately appealed.
Just a few days later, Judge Iolanda Apostolico from the Catania court accepted Amin’s appeal and ordered his release. The judge also declared the detention of three other individuals with the same legal status to be unlawful. However, the Ministry of the Interior has filed an appeal against the decision, seeking a review of the legal arguments by another judge.
Judge Apostolico pointed out that the recently enacted internal legislation regarding financial guarantees to avoid detention is incompatible with EU law. She mentioned that this requirement, imposed on asylum seekers from so-called safe countries, violates reception regulations by treating it as an administrative condition rather than considering individual circumstances.
The judge emphasized that detention can only be justified to assess the admissibility or legitimacy of an asylum application before allowing entry into the country. According to the Catania court, rules on the detention of asylum seekers from safe countries conflict with Article 10, paragraph 3 of the Italian Constitution, which guarantees the right to enter and request international protection.
During the hearing, two Tunisians who had already been expelled invoked the need for protection: one claimed he was persecuted due to physical characteristics believed to be favorable for gold seekers in his country, while the other stated that his girlfriend’s family wanted to kill him, blaming him for her death.
Prime Minister Giorgia Meloni expressed astonishment at the Catania judge’s decision, criticizing its reasoning and accusing the judge of unilaterally declaring Tunisia an unsafe country. Interior Minister Matteo Piantedosi stated that he was confident there were grounds to appeal the decision and that they would pursue it. He also mentioned that detention is just one tool among many to facilitate accelerated repatriation procedures in accordance with national and EU laws.