Francesco Bergoglio Errico

 

 

To date, the Italian government has deported 347 people from January 2015 of which 110 in 2018, 105 in 2017 and 66 in 2016 and 2015, as they are considered dangerous for the security of the state because of their contiguity to environments of Islamic extremism and jihadism. It is the highest number in the European Union.

The question of growing jihadist radicalization in recent years has led to an implementation of the legislative system. This implementation was made, above all, to face the new hybrid form that the jihadist terrorist cells have assumed, in particular with the transition between the international terrorist organization al-Qaeda and the international terrorist organization called ISIS or DAESH.

The new forms of self-training and self-recruitment and the new figures of the “lone wolves” have pushed the Italian legislative system to draft the “counter-terrorism package”, introducing new rules that can counter the phenomenon of jihadism and radicalization and in particular, to counter new hybrid forms of online self-recruitment, self-training, self-financing and so on.

In particular, it was introduced in the penal code to face the terrorist threat of jihadist matrix the article 270-bis (Associations for the purposes of terrorism, including international or subversion of the democratic order); Art. 270-ter (Assistance to members); Art. 270-quarter (Enlistment for the purposes of terrorism, including international terrorism); Art. 270-quinquies (Training for terrorist activities including international ones; financing of terrorist conduct; subtraction of assets or money subject to seizure); Art. 270-sexies (Conducted for the purpose of terrorism) Art. 270-septies (Confiscation). These new articles introduced in the penal code mark an important turning point in the fight against terrorism of a jihadist origin, but there are not many convictions at the judicial level, as for example in France, where there are at least 137 jihadists tried.

Furthermore, other specific measures have been utilized, namely administrative expulsions due to terrorism (which is independent of a criminal conviction, and concerns only non-EU foreigners), which may be of three types:

The first is that provided for by art. 13 co. 1 d.lgs n. 286/1998 (Tui), according to which “for reasons of public order or security of the State, the Minister of the Interior may order the expulsion of the foreigner, even if not resident in the territory of the state”.

The second, always under the responsibility of the Minister of the Interior (or, upon his delegation, of the Prefect), is provided for by art. 3 dl n. 144/2005 containing “urgent measures for the fight against international terrorism”, and converted into Law 155/2005, and can be arranged “when there are reasonable grounds for believing that the alien’s stay in the territory of the State can in any way facilitate terrorist organizations or activities, including international ones”.

The third is that, pursuant to art. 13 co. 2 lett. c. Tui (as amended in 2015), is ordered by the Prefect against the foreigner who “belongs to some of the categories indicated in articles 1, 4 and 16 of Legislative Decree 6 September 2011.

At the administrative level, the cause of the numerous expulsions is that Italy does not have the second and third generation of immigrant in opposition to what we can find in other countries like France, Germany, UK and Belgium. This sociological factor has allowed to Italy government to use the instrument of administrative expulsion to combat the jihadism and terrorism. Therefore, the people expelled are not Italians and for this reason, they can be expelled from the national territory.

In many cases, individuals expelled for reasons of national security, have links with crime, or have been arrested in the past for drug dealing or theft, crimes useful for self-micro-financing. According to some journalistic articles, some of the expelled are considered close to other jihadists who live abroad and therefore connected, with very small cells that self-trained and, in fact, self-financed through petty crimes.

In other words, if on the one hand, until the Italian social fabric will not see the third and fourth generation of foreigners born within its borders, this punitive instrument will be extremely effective in keeping the control of these dangerous people close to jihadism in the Italian territory. On the other hand, the legislative instrument, in particular the articles introduced in the penal code, are extremely suitable to combat the problem of cases that previously did not exist, such as self-training, jihadist propaganda online, enlistment and terrorism financing, placing Italy at the forefront of the world.

In conclusion, we can argue that the high number of administrative expulsions derives from the possibility that the government possesses to expel foreigners who do not own citizenship despite being in Italy for some time or who are in Italy even just a few days. Finally, despite these excellent results in counter-terrorism, however, remains an unknown factor: in the future, when the social fabric will be changed, will Italy succeed through the current legislative system to curb the jihadist question? Surely, for Italy it will also be an opportunity to embark on a strong integration policy, so that it does not come to create the social fabric that allowed jihadism and extremism to settle in the suburbs, a case among all: the banlieue.

In short, Italy has the opportunity to create a future starting from the prevention of radicalization, trying not to “ghettoize” the population of Islamic faith as occurred in the near past in different European realities as evidenced by the Banlieue or Molenbeek, which have become recruitment centers of international jihadism. Not only that, Italy also has the opportunity to “educate” the growing population of Islamic faith, also bringing at school level awareness programs that keep young people away from radicalization, extremism of any matrix and jihadism.

 

References:

http://www.interno.gov.it/it/sala-stampa/comunicati-stampa/estremismo-islamico-espulsi-algerino-e-tunisino & https://roma.repubblica.it/cronaca/2018/11/09/news/roma_terrorismo_viminale_sognava_attentato_espulso_tunisino-211223058/

2 http://www.ipsoa.it/codici/cp/l2/t1

3 https://www.ifri.org/en/publications/etudes-de-lifri/focus-strategique/137-shades-terrorism-french-jihadists-courts

4 https://www.asgi.it/wp-content/uploads/2016/09/2016_DEF_ESPULSIONI-E-RESPINGIMENTI-_-I-PROFILI-SOSTANZIALI-stampabile.pdf

 

Photo: Daily Express

 

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