Khlaifia and Others v. Italy

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