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7.1 FOREIGNERS AND JUSTICE
- What to do in case of arrest, detention, search
- Defender
- Free support
- Action against discrimination
- Offence of discrimination
IT IS USEFUL TO KNOW THAT
The Italian territory is divided in:
- Regions
- Provinces
- Comuni
The largest Comuni are divided in Circoscrizioni
These local boards are competent for administration of territory, management of its resources and organization of all services on its territory.
Foreigner may apply to the Comune of residence, or to the Circoscrizione, to obtain information and certificates relative to civil status and residence (see Chap. II).
Police Headquarters is in every capoluogo of province: it depends from the Ministry of Interior where the Immigration Office is present, and it is competent for issue and renewal of residence permit and residence card.
7.1.1 WHAT TO DO IN CASE OF ARREST, DETENTION, SEARCH
In case of police control, it necessary to exhibit passport and residence permit or card. Non exhibition of document is an offence punished with arrest till 6 months and a fine to € 400. Personal generalities must compulsorily be supplied (name, surname, address). To supply false generalities or refuse to give them is an offence.
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7.2 DEFENDER
- In case of detention or personal or house serch or in case of sequestration, person has the right of having the assistance of a defender. If no solicitor is known, it is possible to ask for a defender appointed by Court, who is chosen among a list at disposition at all police forces and court offices. If it is not possible to pay defender it is possible to apply for a free support institution (see further).
- In case of questioning in front of Police or Carabinieri, person has the right of not answering and to contact a solicitor or to ask Carabinieri to contact a solicitor and to speak only in presence of solicitor.
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7.1.3. FREE SUPPORT
Free support is an institution that insures non wealthy people juridical protection of his/her own rights, warranting the assistance of a defender paid by the State. In order to obtain free support, applicant must supply:
- notorial act or substitute declaration that certifies that subject has no real estate or transcribed furniture;
- declaration of Comune of residence that foreigner has presented to tax revenue;
- certification of embassy of country of origin that certifies above mentioned requisites;
- family status;
- application form with indication that foreigner commits him/her self to communicate any income variation to the Intendenza di Finanza.
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7.1.4 ACTION AGAINST DISCRIMINATION
Cohabitation beneath different nationalities people is not always simple and sometimes generates tensions and conflicts. Often minorities have to face the scorn and sometimes the exclusion from the access to basic rights (to a house, to health care, to work).
These actions, often endured in isolation and without defence, are considered discrimination actions. The tutelage of personal rights and the respect for the origins of each person clearly are not only a simple judiciary problem, but also a political, ethic and economic problem. We invite all of the readers to signal every known case of possible discrimination to the addresses at the end of this guide.
According to the Italian law, discrimination is defined as any behaviour that involves an esclusion, restriction or preference based on race, colour, origin, religion, that compromises recognition or exercise of human rights and of fundamental liberties. A discriminatory behaviour punished by law is that of who does not allow foreigner the fulfilment of employment, residence, education, training, socio-assistance services rights only because of his/her status of foreigner.
When behaviour of private or public administration determines discrimination for racial, ethnic, national or religious reasons, the judge may, upon request of person interested, order the cessation of discriminatory behaviour, adopting any other suitable measure to remove effects of discrimination and eventually condemn discriminant to compensation of damage, patrimonial and moral. Competent judge is the judge of place of residence; appeal against his/her measures may be exercised at Court.
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7.1.5 OFFENCE OF DISCRIMINATION
Following the serious episodes of racist violence, in 1992 a law has been issued that provides a more severe punishment when offence of violence to things or person are committed with the aggravating circumstance of discrimination (see preceding paragraph).
It is also forbidden the constitution of associations with the sole aim of organised violence against people belonging to ethnic, religious, linguistic minorities etc.
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