Judge Rosario Maria Annibale Cupri, a member of the Catania court's Migration Section and a colleague of Judge Iolanda Apostolico, denied the plea for custody of six Tunisian migrants, instead ordering their immediate release. Three of these were represented by lawyer Rosa Emanuela Lo Faro, while the other three were represented by lawyer Fabio Presenti. The decisions in the six cases painted a similar picture. The judge specifically mentioned a case involving a 37-year-old Tunisian citizen who arrived in Lampedusa on 3 October and was subject to a detention order issued by the Ragusa police commissioner. The judge cited a European Court of Justice ruling in respect to Directive 2013/33 in this judgement, which said that "the detention of an applicant for international protection constitutes a coercive measure that deprives the applicant of his freedom of movement." Based on this understanding, the judge decided to order the Tunisian migrants' immediate release.
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