Commentary on Judgment Cass. pen., Section I, No. 28915 of 2024: Transport of Foreigners and Inhuman Treatment

The recent judgment of the Court of Cassation No. 28915 of July 17, 2024, offers significant insights into the regulation of the transport of foreigners and the qualification of inhuman treatment, particularly within the framework of the Consolidated Law on Immigration (Legislative Decree No. 286/1998). In this article, we will analyze the reasons that led the Court to confirm the conviction of an individual for the transport of undocumented migrants in degrading conditions and the legal implications of this decision.

The Case and the Court's Decision

The defendant, A.A., was sentenced to four years and four months of imprisonment for transporting seven undocumented foreign nationals from Italy to France, using an inadequate van lacking openings for light and air. The Court of Appeal of Milan confirmed the existence of aggravating circumstances, emphasizing the inhuman nature of the transport.

The Court held that such conditions clearly constitute inhuman and degrading treatment, as they consist in degrading a person to merchandise.

This decision is based on Article 12, paragraph 3, letter c) of the Consolidated Law on Immigration, which punishes conduct involving inhuman or degrading treatment. The defendant attempted to contest the application of this provision, arguing that the transport conditions did not constitute inhuman treatment, given that the undocumented migrants had not suffered physical harm. However, the Court rejected this argument, highlighting that human dignity must be preserved even in the absence of evident physical effects.

Interpretation of the Provision and Relevant Case Law

The Court clarified that the application of the aggravating circumstances provided for by the Consolidated Law on Immigration is not limited to Italian territory but also extends to conduct that facilitates the entry of foreigners into other States. This interpretation is consistent with the principle of human rights protection, enshrined in the European Convention on Human Rights (ECHR).

• The Court emphasized that treating human beings as merchandise is unacceptable and highly degrading behavior.
• European case law confirms that even non-lethal treatment can constitute violations of fundamental rights.
• The absence of physical harm does not exclude the existence of inhuman or degrading treatment.

Conclusions

Judgment No. 28915 of the Court of Cassation represents an important reference point in the fight against human trafficking and the degrading treatment of foreigners. It reaffirms the need to protect fundamental rights and to consider transport conditions rigorously. The Court's position highlights the importance of a broad interpretation of provisions that protect human dignity, inviting jurists and legal practitioners to reflect on the impact of their actions within the context of immigration legislation.