To prevent automated spam submissions leave this field empty.
On December 15, 2016, the Grand Chamber of the European Court of Human Rights ruled in Khlaifia and Others v. Italy that Italy had violated the European Convention on Human Rights in regard to the holding of Arab Spring migrants in 2011 on the island of Lampedusa, then on ships in Palermo harbor, followed by their removal to Tunisia. According to the press release, the Court found “that their deprivation of liberty without any clear and accessible basis did not satisfy the general principle of legal certainty and was incompatible with the need to protect the individual against arbitrariness.” The Court also noted that the Italian authorities “made no reference to the legal and factual reasons for the applicants’ detention” and “that the Italian legal system had not provided them with any remedy by which they could have obtained a judicial decision on the lawfulness of their detention.” However, the Court determined that the conditions and the applicants’ treatment at the Lampedusa center and on the ships in Palermo harbor “had not exceeded the level of severity required for it to fall within Article 3 of the Convention” and thus had not constituted inhuman or degrading treatment. Additionally, in regard to “the prohibition of the collective expulsion of aliens, the Court found that Article 4 of Protocol No. 4 did not guarantee the right to an individual interview in all circumstances.”