Facilitation of illegal immigration: analysis of judgment no. 28915 of 2024

The recent judgment no. 28915 of May 15, 2024, issued by the Court of Cassation, offers an important reflection on the responsibilities related to the facilitation of illegal immigration. In particular, the Court examined the conduct of an individual accused of transporting migrants in inhumane conditions, highlighting the importance of protecting fundamental human rights.

Context of the judgment

The case concerned the transport of several individuals crammed into a van lacking light and air, an action that raised questions regarding the living conditions and suffering inflicted on the migrants. The Court confirmed that such conduct constitutes inhuman and degrading treatment, in violation of Article 3 of the European Convention on Human Rights, which protects the right to dignity and respect for the person.

The ruling's maxim

Facilitation of illegal immigration - Transport of several individuals in a van lacking light and air - Aggravating circumstance of inhuman and degrading treatment - Existence - Reasons. In the context of facilitating illegal immigration, the transport of several individuals crammed into a van intended for goods, completely lacking openings for light and air circulation, constitutes inhuman and degrading treatment, as it is conduct capable of inflicting severe physical suffering, as well as being humiliating and undignified for a human being.

This maxim clarifies unequivocally the legal implications of facilitating illegal immigration, emphasizing that the transport of people in such precarious conditions is considered not only a crime but also a violation of fundamental human rights. The physical and psychological suffering inflicted on these individuals, forced to travel in cramped spaces devoid of any comfort, are unacceptable and punishable by law.

Legal references and case law

The judgment refers to Legislative Decree 25/07/1998 no. 286, Article 12, paragraph 3, letter c, which governs the facilitation of illegal immigration, and emphasizes the importance of ensuring respect for human rights even in contexts of legality. The Italian Constitutional Court and European regulations, particularly the European Convention on Human Rights, provide a clear legal framework for assessing criminally relevant conduct in this area.

• Inhuman and degrading treatment: violation of human rights.
• Respect for European regulations on immigration.
• Relevance of case law in defining criminal liability.

Conclusions

Judgment no. 28915 of 2024 represents a significant step in the fight against the facilitation of illegal immigration, underscoring the importance of ensuring dignified treatment that respects human rights for all. The Court of Cassation, with this decision, reaffirms that any violation of fundamental rights, even in the context of immigration, must be firmly prosecuted, so that human dignity is protected.