Strasbourg Court confirms inadequacy of Greek asylum system and condemns collective expulsions from Italy
The European Court of Human Rights delivered today its Chamber judgment in the case of
Sharifi and Others v. Italy and Greece (application no. 16643/09).
The case concerned 32 Afghan nationals, two Sudanese nationals and one Eritrean national, who alleged, in particular that they had entered Italy illegally from Greece and been returned to that country immediately, with the fear of subsequent deportation to their respective countries of origin, where they faced the risk of death, torture or inhuman or degrading treatment.
The Court held, by a majority, concerning four of the applicants, Reza Karimi, Yasir Zaidi, Mozamil
Azimi and Najeeb Heideri (also known as Nagib Haidari), who had maintained regular contact with their lawyer in the proceedings before this Court, that there had been:
a violation by Greece of Article 13 (right to an effective remedy) combined with Article 3
(prohibition of inhuman or regarding treatment) of the European Convention on Human Rights on
account of the lack of access to the asylum procedure for the above-named applicants and the risk
of deportation to Afghanistan, where they were likely to be subjected to ill-treatment;
a violation by Italy of Article 4 of Protocol No. 4 (prohibition of collective expulsion of aliens);
a violation by Italy of Article 3, as the Italian authorities, by returning these applicants to Greece,
had exposed them to the risks arising from the shortcomings in that country’s asylum procedure;
a violation by Italy of Article 13 combined with Article 3 of the Convention and Article 4 of Protocol
No. 4 on account of the lack of access to the asylum procedure or to any other remedy in the port of Ancona.
The Court held, in particular, that it shared the concerns of several observers with regard to the
automatic return, implemented by the Italian border authorities in the ports of the Adriatic Sea, of
persons who, in the majority of cases, were handed over to ferry captains with a view to being removed to Greece, thus depriving them of any procedural and substantive rights.
In addition, it reiterated that the Dublin system – which serves to determine which European Union
Member State is responsible for examining an asylum application lodged in one of the Member States by a third-country national – must be applied in a manner compatible with the Convention: no form of collective and indiscriminate returns could be justified by reference to that system, and it was for the State carrying out the return to ensure that the destination country offered sufficient guarantees in the application of its asylum policy to prevent the person concerned being removed to his country of origin without an assessment of the risks faced.
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