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DETENTION AND EXPULSION OF MIGRANTS: THE KHLAIFIA V. ITALY CASE

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On 1 September 2015 the European Court of Human Rights adopted the judgment in Khlaifia and Others v. Italy, concerning the detention and the ensuing repatriation to Tunisia of three irregular immigrants who had arrived in Italy in 2011 during the “Arab Spring”. The Court found that the applicants had been unlawfully detained in Italy and that they were not provided information or the possibility to challenge their detention. Moreover, the conditions of detention amounted to inhuman and degrading treatment. Finally, according to the Court, the applicants had been subject to collective expulsion, as despite their individual identification by Italian authorities, the personal circumstances of each of them had not been evaluated prior to their removal to Tunisia. This note considers the Italian immigration policy in the light of the European Convention of Human Rights and of the examined decision, mainly in relation to the controversial aspects of the detention and expulsion of migrants.

10.1163/22116133-90000108
/content/journals/10.1163/22116133-90000108
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/content/journals/10.1163/22116133-90000108
2016-10-18
2017-05-25

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