Case summaries
ECtHR - Sharifi and Others v Italy and Greece, Application No. 16643/09
Keywords:
Effective access to procedures, Effective remedy (right to), Indirect refoulement, Inhuman or degrading treatment or punishment, Legal assistance / Legal representation / Legal aid, Non-refoulement, Procedural guarantees
The case examines allegations of the indiscriminate expulsion of foreign nationals from Italy to Greece who had no access to asylum procedures and who subsequently feared deportation to their countries of origin. In regards to four of the applicants, the Court held that Greece violated Article 13 (right to an effective remedy) and Article 3 (prohibition of inhuman or regarding treatment). It also held that Italy violated Articles 13 and 3 as well as Article 4 of Protocol No. 4 (prohibition of collective expulsion of aliens.)
Date of decision:
21-10-2014
Relevant International and European Legislation:
EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 33,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 2,Article 3,Article 13,Article 36,Article 44,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Art 4,EN - Regulation No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office