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28/11/2019
IT: Civil Court ruled on the collective expulsion of 14 Eritrean citizens

ECLI
Input Provided By
EUAA IDS
Source
asgi (associazione studi giuridici sull'immigrazione)
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
Relevant Legislative Provisions
European Convention on Human Rights; Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC;
Reference
Italy, Civil Court [Tribunali], Applicants (Eritrea) v Minister of the Interior, Minister of Defense, Minister of Foreign Affairs and Prime Minister, RG n. 5615/2019, 28 November 2019. 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=877
Case history
Related cases:
Abstract

On 28 November 2019, the Civil Court of Rome published a judment regarding the case of collective expulsion perpetrated by the Italian boarder coast guard in 2009.

On the basis of the treaty signed between Italy and Libya, fourteen Eritrean citizens were send back to Libya, after having been rescued by the Italian authorithies in international waters and having expressed the wish to apply for asylum in Italy.

The Court took into consideration the case Hirsi Jamaa v. Italy, where ECtHR stated the obligation among the Member States to do not remove third country nationals in case there is the serious risk of persecution or danger in their country of origin; the Geneva Convention and several reports on Eritrea provided by International and civil society organisations.  

The court recognised a breach of the non refoulement principle and the right for the 14 people to receive a compensation of €15.000 each as well as the right to enter the territory of Italy and apply for international protection.
Country of Decision
Italy
Court Name
IT: Civil Court [Tribunali]
Case Number
RG n. 5615/2019
Date of Decision
28/11/2019
Country of Origin
Eritrea
Keywords
Access to procedures
Eritrea
Non-refoulement
Return/Removal/Deportation