Hirsi Jamaa and Others v Italy – push back policy

Hirsi Jamaa and Others v Italy  application no. 27765/09

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.

You can read the Court’s press release for a summary of the case and its facts and you can read the full judgment here.

About jcwi

Joint Council for the Welfare of Immigrants is a key campaigning voice in the field of immigration, asylum and nationality law and policy. It is completely independent from government funding, remaining entirely free from government influence. View all posts by jcwi

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