"Without proof, but I have a heart": thus the toga pro migranti granted asylum


"He was in a context, he spoke Italian, he was vulnerable. I measured myself with the impossibility of reconstructing his story and gave him humanitarian permission ": these are some of the words spoken by the magistrate Luciana Breggia, within the show "Instead it happens – from the diary of an asylum judge".

She is, as already written yesterday on The newspaper, president of the specialized section for immigration and the international protection of the court of Florence. In practice, all the asylum requests received in the courthouse of the Tuscan capital pass from his office. In 2017, Giorgio Gandola tells us about The truth, 85% of the questions have passed.

And perhaps, reading the texts written by the same magistrate in his show, one can well understand the reason for that percentage so high.

Luciana Breggia rose to prominence last May when she rejected the appeal of Interior Ministry, with at the time Matteo Salvini still in the saddle, against the registration in the registry office of an asylum seeker. Now his name has returned to circulate in the media circuits thanks to the note to the show mentioned above.

For the occasion, the magistrate turned into a screenwriter with the aim of telling his work from his own point of view. A somewhat partial perspective, despite its role.

"Instead it happens" he went on stage at Lampedusa in recent days, on the occasion of the conference "The frontier of law and the law of the border – Ten years later again together with Lampedusa", promoted by Democratic area, a current close to left positions within the judiciary, as well as from Asgi (Association for legal studies on immigration).

To highlight in particular were some anecdotes contained in the text of the show, starting from the story of a case concerning an asylum seeker of the Burkina Faso: "A boy from Burkina Faso explained to me that he had escaped from his village for refusing to become king as he was due by succession – the magistrate said – I objected: it would be nice for us to become king. And he: on the contrary, with us, you are a puppet in the hands of the village elders. They use you, they ask you to kill, I am a Christian and I didn't want to kill anyone. "

And then, here we come to the opening sentences of the article: “He was inserted in a context, he spoke Italian, he was vulnerable. I measured myself with the impossibility of reconstructing his story and gave him humanitarian permission ". There was no evidence therefore, there were no signs that the boy's story was true. The decision came following, in a nutshell, "the heart".

To confirm it was the same Luciana Breggia: "I have always applied the rules, naturally interpreting them with rigor and impartiality – the magistrate declared – But a judge has a head and a heart, he is not disembodied. Having a thought and expressing it makes it more transparent ”.

Words that seem to border on the motto "we remain human", Recited several times by various politicians and the cultural world close to the left during the Salvatorian era at the Viminale. A motto that distinguishes a precise political part for the note, a circumstance that would risk putting into contrast the much vaunted principle of transparency with that, much more important for a judge, of impartiality.

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