Hostname: page-component-848d4c4894-jbqgn Total loading time: 0 Render date: 2024-07-04T17:26:37.303Z Has data issue: false hasContentIssue false

Khlaifia and Others v. Italy

European Court of Human Rights.  15 December 2016 .

Published online by Cambridge University Press:  01 January 2021

Get access

Abstract

Aliens — Migration crisis — Humanitarian crisis — Applicants leaving Tunisia as part of mass migration — Migrants held in reception centre on island of Lampedusa in Italy — Migrants subsequently held on ships in Palermo Harbour — Applicants lodging complaints against Italian Government with European Court of Human Rights — Complaints concerning confinement and conditions in reception centre and on ships — Whether applicants subjected to collective expulsion — Whether applicants having effective remedy under Italian law — Italian Government objecting to admissibility of complaints — Whether Italian Government estopped from raising objection concerning non-exhaustion of domestic remedies — Whether objection raised in timely manner — Italian Government objecting to applicability of Article 5 — Whether European Court of Human Rights having jurisdiction ratione materiae to examine applicants’ complaints — State having right to control aliens’ entry into and residence in its territory — Whether right exercised in accordance with European Convention on Human Rights, 1950 — Whether Italian Government violating Articles 3, 5 and 13 of European Convention and Article 4 of Protocol No 4 to Convention

Human rights — Right to liberty and security of person — European Convention on Human Rights, 1950, Article 5 — Article 5(1) — Exceptions — Article 5(1)(f) — State permitted to control liberty of aliens in immigration context — Whether applicants’ deprivation of liberty falling within Article 5(1)(f) — Whether having requisite legal basis in Italian law — Relevance of migration crisis — Article 5(2) — Whether applicants informed why being deprived of liberty — Article 5(4) — Ability of applicants to challenge lawfulness of their deprivation of liberty — Whether Italian Government violating Articles 5(1), (2) and (4) of European Convention on Human Rights, 1950

Human rights — Prohibition of torture and inhuman or degrading treatment — European Convention on Human Rights, 1950, Article 3 — Whether conditions in which applicants held in reception centre constituting inhuman or degrading treatment — Whether conditions in which applicants held on ships constituting inhuman or degrading treatment — Absolute prohibition — Requirement that any ill-treatment attain minimum level of severity — Relevant factors — Persons deprived of liberty being in vulnerable situation — Whether impugned regulations and practices defective to point of constituting a violation — Whether State’s right to control aliens’ entry into and residence in territory exercised in accordance with Convention — Evidence — Mass migration crisis — Whether situation faced by Italian authorities in 2011 following Arab Spring exceptional — Relevance — Whether Italian Government violating Article 3 of European Convention on Human Rights, 1950

Human rights — Prohibition of collective expulsion of aliens — Article 4 of Protocol No 4 to European Convention on Human Rights, 1950 — Whether removal of applicants from Italian territory to Tunisia against their will constituting expulsion — Whether expulsion as a group — Whether applicants undergoing identification — Whether nationality of applicants established — Whether applicants afforded genuine and effective possibility of arguing against their expulsion — Whether Italian Government violating Article 4 of Protocol No 4

Human rights — Right to an effective remedy — European Convention on Human Rights, 1950, Article 13 — Whether violation of Article 13 taken together with Article 3 of Convention — Whether any remedies available to applicants for complaining about conditions at reception centre and on ships — Whether violation of Article 13 taken together with Article 4 of Protocol No 4 — Whether applicants could appeal against refusal-of-entry orders — Whether allegations of real risk of violation of rights guaranteed under Articles 2 and 3 of Convention in destination country — Whether lack of suspensive effect of removal decision in itself constituting violation of Article 13 — Whether Italian Government violating Article 13 of Convention

Type
Case Report
Copyright
© Cambridge University Press 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)