ECtHR – Case of Hirsi Jamaa and others v. Italy, 23.02.2012 (Grand Chamber), 27765/09. Article 3 and 13 of the Convention; Article 4 of the Protocol No. 4- Torture and Inhuman or degrading treatment; right to effective remedy; Prohibition of Collective ex

Authors

  • Claribel de Castro Sánchez

Keywords:

Asylum, chain refoulements, collective expulsion of aliens, iIllegal immigration, indirect Removal, inhuman or degrading treatment, migration by sea, non-refoulement, refuge, torture

Abstract

In 2012, the European Court of Human Rights issued its judgment in the case of Hirsi Jamaa and others versus Italy and found a violation of Article 3 ECHR (torture or inhuman or degrading treatment or punishment prohibition) and of the article 4 of Protocol No.4 (collective expulsion of aliens). The applicants, eleven Somali national and thirteen Eritrean nationals were intercepted by three ships from the Italian Revenue and were handed over to the Libyan authorities. They alleged violation of Article 3 of the Convention on account of applicants having been exposed to the risk of inhuman and degrading treatment in Libya and on account of the fact that the applicants were exposed to the risk of arbitrary repatriation to Eritrea and Somalia. They stated that they had been the subject of a collective expulsion having no basis in law and in violation of article of Protocol No 4. The present case is very important because it is the first time that the Court condemns a State for a removal of aliens carried out in the context of interceptions of the high seas.

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Issue

No. 46 (2013): septiembre-diciembre

Section

CASE LAW EUROPEAN COURT OF HUMAN RIGHTS

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