EIT:n suuressa jaostossa kuuleminen Italian vastaanottoyksiköiden olosuhteista

24.2.2014 | Oikeusuutiset

Markku Fredman

Euroopan ihmisoikeustuomioistuimen (EIT) suuri jaosto on pitänyt suullisen kuulemistilaisuuden valituksessa, joka koskee henkilön käännyttämistä Sveitsistä Italiaan. Valituksessa väitetään, että afgaanipakolaisperheen käännyttäminen Italian vastaanottoyksiköihin loukkaisi Euroopan ihmisoikeussopimuksen 3, 8 ja 13 artiklaa.

EIT:n lehdistötiedotteesta:

The applicants are an Afghan couple and their five children. After living in Iran for 15 years, they left for Turkey and from there travelled to Italy illegally by boat. They were taken in by the Italian police; the first two applicants were then registered in the EURODAC system (the European fingerprint database for identifying asylum seekers and irregular border-crossers) in July 2011 and taken to a reception centre in Bari. Later, they travelled to Austria, where they lodged an application for asylum, which was rejected. In November 2011 they entered Switzerland and applied for asylum there. The Federal Migration Office rejected their application in January 2012 and made an order for their deportation to Italy. The applicants appealed to the Federal Administrative Court, submitting that the conditions in which asylum seekers were accommodated in Italy were in breach of Article 3 of the Convention and that the federal authorities had not given due consideration to that factor. Their appeal was dismissed and the applicants applied to the Court, seeking an interim measure (under Rule 39 of the Rules of the Court) preventing their deportation to Italy. On 18 April 2012 the Court indicated to the Swiss Government, under Rule 39, that the applicants should not be deported to Italy for the duration of the proceedings.

Relying on Articles 3 (prohibition of torture and of inhuman or degrading treatment), 8 (right to respect for private and family life) and 13 (right to an effective remedy), the applicants submit that the conditions in which they would be accommodated in Italy as asylum-seekers would not satisfy the requirements of the Convention and would be incompatible with the presence of young children. They complain that the Swiss authorities did not give sufficient consideration to their personal circumstances and did not take into account their family situation.