Hirsi Jamaa and Others v Italy (GC), App No 27765/09
What was at stake
High-seas pushbacks; extraterritorial jurisdiction; collective expulsion
What happened
A group of migrants, including Hirsi Jamaa, was intercepted by Italian authorities on the high seas. These individuals were subsequently returned to Libya, an action which constituted a 'pushback' and 'collective expulsion'.
What the court decided
Italy violated Articles 3 & 4 Prot. 4 by intercepting and returning migrants to Libya; affirmed non-refoulement applies on high seas.
How the court got there
The Court found that Italy exercised effective control over the migrants on the high seas, thereby establishing extraterritorial jurisdiction. By returning the migrants to Libya without individual assessment, where they faced a real risk of inhuman and degrading treatment, Italy violated its non-refoulement obligations. The expulsion of the group without considering their individual circumstances also constituted a prohibited collective expulsion.
Statutes and cases cited
- § European Convention on Human Rights, Art. 1
- § European Convention on Human Rights, Art. 3
- § European Convention on Human Rights, Art. 13
- § Protocol No. 4 to the ECHR, Art. 4
- § 1951 Refugee Convention, Art. 33
- § UN Convention Against Torture, Art. 3
- Medvedyev and Others v France (GC), App No 3394/03
- Al-Saadoon and Mufdhi v United Kingdom, App No 61498/08
- Soering v United Kingdom, App No 14038/88
- Čonka v Belgium, App No 51564/99
- MSS v Belgium and Greece (GC), App No 30696/09
Categories
Authoritative link
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