ECHR condemns Italy for returning migrants to Libya

Italy has been found to have breached human rights by sending migrants back to Libya, exposing them to inhuman treatment

By ALYX BARKER

ROME -- Italy has been ordered to pay 360,000 euros to Eritrean and Somali migrants for deporting them back to Libya, violating their human rights.

 The European Court of Human Rights ruled that Italy violated the rights of 13 Eritreans and 11 Somalis, who were among approximately 200 people who fled Libya in a group of three boats in 2009. Two of the 24 are now deceased

 The court ordered Italy to pay each migrant in the case 15,000 euros in damages. Italy has struggled recently to deal with increasing numbers of migrants who cross the sea, predominantly from Libya and Tunisia.

 The Human Rights Court observed these difficulties, saying that it notes the problems border States are facing with the “increasing influx of migrants and asylum seekers” and it “does not underestimate the burden and pressure this situation places on the States concerned, which are all the greater in the present context of economic crisis.”

 Nonetheless, all 17 judges ruled unanimously that Italy had breached Article three and Protocol four of the European Convention on Human Rights.

 Article three, which states that “no one shall be subjected to torture or to inhuman or degrading treatment or punishment,” was held to have been breached by Italy sending the migrants back to a country where they ran “a real risk of being subjected to such treatment.”

 Though prior to the uprising against Gadaffi which worsened conditions, in 2009 there was still “no rule governing the protection of refugees was complied with by Libya.” People arriving in Libya were systematically arrested and detained in conditions that external agencies such as Amnesty International and Human Rights Watch “could only describe as inhuman.”

 In addition, it was found that Italy had subjected the applicants to illegal collective expulsion, contrary to Article four of Protocol four of the Convention.

 In addition to the 360,000 euros damages, Italy has also been ordered to pay nearly 40,000 euros in legal costs and expenses.

 The UN Refugee Agency UNHCR, said this judgment represents “a turning point regarding state responsibilities and the management of mixed migration flows.”

 In the past two years, Italy has received huge numbers of immigrants from Libya and other parts of North Africa. Last year alone saw 56,000 seafaring immigrants land in Italy, with thousands perishing during the journey. The UN High Commissioner for Refugees reported in early February that three boats had already attempted the crossing in 2012, with one going missing at sea.