The Grand Chamber of the European Court of Human Rights has today issued judgment in relation to Italy’s push back policy in which vessels carrying Somali and Eritrean nationals from Libya and heading to Italy were intercepted on the high seas 35 miles south of Lampedusa.
The Grand Chamber held:
1.The applicants fell within the jursidiction of Italy for the purposes of Article 1 ECHR
2. There had been two violations of Article 3 ECHR because the applicants had been exposed to the risk of ill-treatment in Libya and of repatriation to Somalia or Eritrea;
3. There had been a violation of Article 4 of Protocol No. 4 (prohibition of collective expulsions)
4. There had been a violation of Article 13 ECHR (right to effective remedy) taken in conjunction with Article 3 ECHR.