MOHAMMED HASSAN AND OTHERS v. THE NETHERLANDS AND ITALY - 40524/10 - Admissibility Decision [2013] ECHR 1340 (27 August 2013)

MOHAMMED HASSAN AND OTHERS v. THE NETHERLANDS AND ITALY - 40524/10 - Admissibility Decision [2013] ECHR 1340 (27 August 2013)

The Court found that the applicants failed to demonstrate that, as a general rule, the Italian asylum system exposes asylum seekers to treatment contrary to Article 3 ECHR. The evidence provided did not establish systemic deficiencies of such severity as to bar transfers under the Dublin Regulation. The principle of mutual trust remains applicable unless there is concrete evidence of a real risk of Article 3 violation, which was not substantiated in these cases.

Citation
[2013] ECHR 1340
Parties
Applicants: Naima Mohammed Hassan and others; Respondent: The Netherlands; Respondent: Italy
Jurisdiction
European Union
Judgment Date
27 August 2013
Procedural Posture
Application to the European Court of Human Rights (echr) / Admissibility Decision
Outcome
Applications declared inadmissible.
Legal Topics
Dublin Regulation, Article 3 ECHR (prohibition of Torture/inhuman or Degrading Treatment), Mutual Trust in EU Asylum Procedures, Subsidiary Protection, Reception Conditions for Asylum Seekers
Human Rights Law Asylum Law European Union Law Dublin Regulation Article 3 ECHR (prohibition of Torture/inhuman or Degrading Treatment) Mutual Trust in EU Asylum Procedures Subsidiary Protection Reception Conditions for Asylum Seekers

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Parties

Naima Mohammed Hassan and others

Applicants

The Netherlands

Respondent

Italy

Respondent

Procedural Posture

Application to the European Court of Human Rights (echr) / Admissibility Decision

Legal Issues

  1. 1 Whether transfer of applicants to Italy under the Dublin Regulation would violate Article 3 of the European Convention on Human Rights due to alleged deficiencies in the Italian asylum system and reception conditions.
  2. 2 Whether the principle of mutual interstate trust between EU Member States can be relied upon in the context of transfers under the Dublin Regulation.

Ratio Decidendi

The Court found that the applicants failed to demonstrate that, as a general rule, the Italian asylum system exposes asylum seekers to treatment contrary to Article 3 ECHR. The evidence provided did not establish systemic deficiencies of such severity as to bar transfers under the Dublin Regulation. The principle of mutual trust remains applicable unless there is concrete evidence of a real risk of Article 3 violation, which was not substantiated in these cases.

Court Disposition

Applications declared inadmissible.