Applicants (Eritrea) v Minister of the Interior, Minister of Defense, Minister of Foreign Affairs and Prime Minister
IT: Civil Court ruled on the collective expulsion of 14 Eritrean citizens
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.
Access to procedures; Eritrea; Non-refoulement; Return/Removal/Deportation;
asgi (associazione studi giuridici sull'immigrazione)
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 EASO Case Law Database.