Case of Hirsi

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When the case Hirsi is a case of the European Court of Human Rights in which eleven citizens of Somalia and thirteen citizens of Eritrea the State Italy sued. In 2012, her lawsuit was upheld and the Italian state was ordered to pay damages of EUR 15,000 per person and to bear the costs of the proceedings.

case

On May 6, 2009, over 200 Eritrean and Somali refugees who wanted to cross in three boats from Libya to Italy were picked up 35 nautical miles south of Lampedusa by Italian customs and the coast guard, brought back to Tripoli on warships and forced to abandon the ships.

On May 7, 2009, the Italian Foreign Minister justified the handling of this case with the return agreement with Libya, which had been concluded in February 2009.

Judgment of the European Court of Human Rights

The Italian Refugee Council contacted the migrants and put them in contact with Italian lawyers. Finally, 24 people filed a complaint against Italy with the European Court of Human Rights . The case ( Jamaa Hirsi et al v. Italy ) was accepted for consideration; the negotiations took place on June 22, 2011 and January 19, 2012. On January 19, 2012, Italy was sentenced to pay € 330,000 in damages and to pay the legal costs. Since two of the plaintiffs had in the meantime died in another attempt to cross the Mediterranean , the equivalent of 15,000 euros per person.

The court ruled that the Italian state should not have returned the migrants to Libya, as no one should be subjected to torture or inhuman punishment (Art. 3 ECHR). In addition, Italy had violated the ban on the collective expulsion of foreigners (Art. 4 of the IV. Additional Protocol) and violated the right to an effective complaint (Art. 13 in conjunction with Art. 3 ECHR and Art. 4 of the IV. Additional Protocol).

The ruling was welcomed by the UNHCR as a "turning point" in the question of the responsibility of states in dealing with refugees. Human rights and refugee organizations described the judgment as groundbreaking.

See also

Web links

Individual evidence

  1. ↑ a b c Klaus Dienelt : ECHR: Rejection of refugees on the high seas illegally. In: migrationsrecht.net. Retrieved April 25, 2015 .
  2. ↑ a b EU / Italy: Strengthening refugee protection on the high seas. Federal Agency for Civic Education, March 1, 2012, accessed on April 25, 2015 .
  3. ^ Friedrich Schmidt: Human Rights Court: Strasbourg condemns Italy. faz.de, February 23, 2012, accessed April 25, 2015 .
  4. ^ Judgment: Italy must compensate deported refugees. Spiegel online, February 23, 2012, accessed April 25, 2015 .