PP983
Analítico de Periódico
SACCUCCI, Andrea
I «ripensamenti» della Corte europea sul caso Khlaifia : il divieto di trattamenti inumani e degradanti e il divieto di espulsioni collettive «alla prova» delle situazioni di emergenza migratoria / Andrea Saccucci
Rivista di Diritto Internazionale, v.100 n.2 (2017), p.552-565
DIREITOS HUMANOS, TEDH, DIREITO À LIBERDADE, DETENÇÃO, TRATAMENTOS DESUMANOS E DEGRADANTES, EXPULSÃO DE ESTRANGEIROS, IMIGRAÇÃO
The judgment of the Grande Chamber of the European Court of Human Rights in Khlaifia gives some unprecedented weight to the great difficulty that Italian authorities face in the management of large fluxes of African migrants. While confirming that the right of liberty of the applicants under Article 5 of the European Convention was violated during their detention in Lampedusa, the Court found that their conditions of detention did not amount to an inhuman or degrading treatment. The Court also concluded that the expulsion of the applicants did not infringe the prohibition of collective expulsions under Article 4 of Protocol No. 4. The latter provision was interpreted by the Court as not requiring that, before their expulsion, migrants be interviewed and theirs individual positions be objectively assessed. The level of protection of the applicants’ rights has apparently been lowered in view of the migration emergency, even if that emergency has not been officially declared in accordance with Article 15 of the Convention.