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The issue of asylum and the principle of non-refoulement: the European Court of Human Rights and its implications for the EU

DOCUMENT FROM work / María Granados Machimbarrena

SUMMARY

Despite the HIRSI and JAMAA judgment of 2012, Italy was condemned in 2015 once again by the European Court of Human Rights for unlawful detention and summary and collective refoulement of several migrants. The events occurred in 2011, when the applicants travelled in a boat across the Mediterranean and were intercepted by Italian vessels. The migrants were transferred to the island of Lampedusa, and detained at the Centro di Soccorso e Prima Accoglienza (CSPA), in a area reserved for Tunisian nationals. According to the complainants, they were detained in overcrowded and filthy rooms, without contact with the outside. The events took place immediately after the Arab Spring. The issues raised before the Court by the applicants and the arguments raised by the judges are relevant in the current context of the European crisis in the management handling of refugee flows by the EU institutions and its Member States.

 

The question of asylum and the principle of non-refoulement: the European Court of Human Rights and its implications for the EU download the complete document [pdf. 6,4MB] [pdf. 6,4MB

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