Illegal Immigration and Inhuman Treatment: Commentary on Judgment No. 30380/2024

The recent judgment No. 30380 of July 12, 2024, issued by the Court of Cassation, offers important insights into illegal immigration and human rights. In particular, the Court examined the characteristics of inhuman and degrading treatment, outlining the boundaries within which the aggravating circumstance provided for by Article 12, paragraph 3, letter c), of Legislative Decree No. 286 of 1998 can be integrated.

The Regulatory and Jurisprudential Context

The legislative decree of July 25, 1998, No. 286, known as the Consolidated Immigration Act, regulates the modalities of entry and residence of foreigners in Italy. Article 12, in particular, provides a set of aggravating factors for violations related to illegal immigration. The judgment in question clarifies that, in order to configure the aggravating circumstance in question, it is necessary that the treatment suffered by the transported person possesses characteristics of inhumanity.

Illegal immigration - Aggravating circumstance under Article 12, paragraph 3, letter c), Legislative Decree No. 286 of 1998 - Inhuman and degrading treatment - Characteristics - Indication. In the matter of illegal immigration, for the purposes of integrating the aggravating circumstance referred to in Article 12, paragraph 3, letter c), Legislative Decree No. 286 of July 25, 1998, treatment is inhuman if it has inflicted upon the transported person prolonged and particularly intense physical or psychological suffering, capable of provoking feelings of fear and anguish in the victim, and it is degrading if it causes a particularly serious injury to human dignity, humiliating or demeaning the individual and provoking feelings of inferiority capable of breaking their moral and physical resistance.

Significance of the Ruling

The ruling expressed by the Court represents an important point of reference for the evaluation of behaviors related to illegal immigration. It emphasizes that inhuman treatment must not be limited to mere discomfort but must inflict high-intensity physical or psychological suffering. In this context, the concept of human dignity plays a central role: degrading treatment not only humiliates the individual but can also compromise their moral and physical resilience.

Practical Implications of the Judgment

  • Clarity on the requirements for the aggravating circumstance in cases of illegal immigration.
  • Reaffirmation of fundamental human rights in the context of immigration.
  • Potential repercussions for criminal proceedings related to immigration.

The decision of the Court of Cassation not only provides guidance for Italian courts but also aligns with European regulations on human rights, particularly with Article 3 of the European Convention on Human Rights, which prohibits inhuman and degrading treatment. These guidelines are essential to ensure that the rights of individuals, even in situations of irregularity, are always respected.

Conclusions

Ultimately, judgment No. 30380 of 2024 represents a significant step in the protection of human rights in the context of illegal immigration. It clarifies the limits of inhuman and degrading treatment, providing a solid foundation for future legislative and jurisprudential interventions. It is essential that institutions continue to monitor and ensure that every individual, regardless of their status, can enjoy treatment that is dignified and respectful of fundamental rights.

Bianucci Law Firm