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16/11/2023
The ECtHR found Italy in breach of Articles 3 and 13 of the Convention, in the case of an applicant from Mali who was held in the Cona reception centre in inadequate living conditions.

ECLI
ECLI:CE:ECHR:2023:1116JUD000357117
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Council of Europe, European Court of Human Rights [ECtHR], Sadio v Italy, No 357/17, ECLI:CE:ECHR:2023:1116JUD000357117, 16 November 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3854
Case history
Other information
Abstract

An applicant from Mali arrived in Sicily on 29 May 2016 and was transferred to Cona reception centre in Venice, where the applicant remained until 27 January 2017.


Before the ECtHR, the applicant complained under Articles 3 and 13 of the Convention about the living conditions at the Cona reception centre. He submitted that the centre was overcrowded and lacked basic facilities, such as heating, hot water, and that he lacked access to medical care, access to legal and psychological assistance. He further submitted that there were insufficient staff and interpreters. Under Article 13, the applicant complained that there was no domestic effective remedy to complain about the inadequate living conditions.


The ECtHR found a violation of Article 3 in respect of the living conditions of the applicant at the Cona reception centre and of Article 13 in respect of the lack of an effective remedy. The court noted that the general principles concerning the material conditions in migrant reception centres, particularly in Cona at the time of the applicant’s stay in that facility, were previously summarised in Darboe and Camara v. Italy and stated that there was no reason to depart from the conclusion reached in that case. Considering the length and the conditions of the applicant’s accommodations in the Cona adult reception centre, the court concluded that the applicant was subjected to inhuman and degrading treatment in breach of Article 3 of the Convention.


Country of Decision
Council of Europe
Court Name
CoE: European Court of Human Rights [ECtHR]
Case Number
No 357/17
Date of Decision
16/11/2023
Country of Origin
Mali
Keywords
Interpretation/translation
Legal Aid/Legal assistance/representation
Medical condition
Reception/Accommodation
Torture or inhuman or degrading treatment or punishment