“La questione giuridica della giudice: analisi senza coinvolgimenti personali”

The German NGO migrant rescue ship Sea Watch 3 with 440 migrants on board arrives in the port of Pozzallo, Sicily island, southern Italy, 31 December 2021. The German NGO migrant rescue ship Sea Watch 3 was assigned the port of Pozzallo in Sicily to land its 440 rescued migrants after a week at sea Friday. The ship was at sea since Christmas Eve after carrying out five rescues. ANSA/ FRANCESCO RUTA

Iolanda Apostolico, a judge at the court of Catania in Italy, is facing criticism after refusing to validate the detention of three Tunisians, thereby opposing a government decree. She has tried to put an end to the controversy by stating that she does not want to enter into the debate or defend her decision, as it can be appealed to the Supreme Court. She emphasizes that this is a legal matter and should not be turned into a personal issue. However, criticism has also been directed at her alleged social media posts, which are seen as not aligned with the government’s decisions and supportive of NGOs. Colleagues have come to her defense, with Eugenio Albamonte, the former secretary of Area, stating that it is unworthy to delve into the private lives of judges. Marisa Acagnino, a judge working in the same office, highlights that judges only apply the law.

Apostolico has been working in the Catania court for twenty years. She started her career in the Prevention and Review Courts, then moved on to civil cases and joined the specialized group for human and immigration rights in the first civil section of the Catania court. Those who know her describe her as reserved and balanced, never taking sides and having a solid professional background. She is not associated with any particular faction within the judiciary. She is married to Massimo Mingrino, a court official, who has also been at the center of controversy over some of his social media posts.

Recently, Apostolico appears to have closed her Facebook profile. However, before that, posts allegedly expressing anti-Salvini sentiments and supporting NGOs and migrant rescue organizations were shared on her private profile. In July 2018, she reportedly shared a petition calling for a motion of no confidence against Matteo Salvini, who had recently become the Minister of the Interior. In June of the same year, she also shared an article titled “Open Arms and Sea Watch: the request for closure by the Palermo prosecutor’s office.” The newspaper reports that Apostolico followed pages such as “Free Open Arms” and the one dedicated to the NGO “Open Arms,” which brought the leader of the far-right League party to trial. She also followed pages of political parties like Possibile, Potere al Popolo, Democrazia e Autonomia, and the former union leader of immigrant laborers and now parliamentarian Aboubakar Soumahoro. She also liked the page “Permanent No Borders Protest – Ventimiglia” and shared photos of the arrival of the ferry “Flaminia” with 1,300 migrants in Catania in May 2011, titling them “modern deportation, support for no border networks.”

The office where the judge works, the immigration section of the Catania court, has been at the center of controversy in recent months for opposing the anti-landing decree. The Ministry of the Interior, Defense, and Infrastructure were ordered to reimburse legal costs after a complaint by Sos Humanity, which claimed that not all migrants had been allowed to disembark. The NGO’s lawyers appealed to the court and won the case, with the judges ruling that the decree was not in line with international treaties and EU directives.

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