Hirsi Jamaa v Italy - 27765/09 - HEJUD [2012] ECHR 1845 (23 February 2012)

Hirsi Jamaa v Italy - 27765/09 - HEJUD [2012] ECHR 1845 (23 February 2012)

Italy exercised jurisdiction over the applicants by intercepting them on the high seas and transferring them to Italian ships. By returning them to Libya, where they faced a real risk of ill-treatment and onward refoulement, without individual assessment or access to remedies, Italy violated Article 3, Article 4 of Protocol No. 4, and Article 13 of the Convention.

Citation
[2012] ECHR 1845
Parties
Applicants: Hirsi Jamaa and Others; Respondent: Italian Republic
Jurisdiction
European Union
Judgment Date
23 February 2012
Procedural Posture
Application Under Article 34 ECHR / Grand Chamber Judgment
Outcome
Application allowed in part; violations found
Legal Topics
Non Refoulement, Collective Expulsion, Jurisdiction on the High Seas, Right to Effective Remedy, Treatment of Migrants, State Responsibility
Human Rights Law International Law Refugee Law European Law Non Refoulement Collective Expulsion Jurisdiction on the High Seas Right to Effective Remedy +2 more

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Parties

Hirsi Jamaa and Others

Applicants

Italian Republic

Respondent

Procedural Posture

Application Under Article 34 ECHR / Grand Chamber Judgment

Legal Issues

  1. 1 Whether Italy's interception and return of migrants to Libya violated Article 3 ECHR (prohibition of torture and inhuman or degrading treatment)
  2. 2 Whether the collective expulsion violated Article 4 of Protocol No. 4 ECHR
  3. 3 Whether there was a violation of Article 13 ECHR (right to an effective remedy)

Ratio Decidendi

Italy exercised jurisdiction over the applicants by intercepting them on the high seas and transferring them to Italian ships. By returning them to Libya, where they faced a real risk of ill-treatment and onward refoulement, without individual assessment or access to remedies, Italy violated Article 3, Article 4 of Protocol No. 4, and Article 13 of the Convention.

Court Disposition

Application allowed in part; violations found

Orders

  • Italy to pay each applicant EUR 15,000 in respect of non-pecuniary damage
  • Italy to pay EUR 1,500 jointly for costs and expenses