H.B. v. ITALY and 3 other applications
Doc ref: 33803/18;52953/18;53788/18;53790/18 • ECHR ID: 001-204119
Document date: June 26, 2020
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Communicated on 26 June 2020 Published on 20 July 2020
FIRST SECTION
Application no. 33803/18 H.B. against Italy and 3 other applications (see list appended)
SUBJECT MATTER OF THE CASE S
The applicants, Tunisian nationals, reached the Italian coast on board of rudimentary vessels and were transferred to different Hotspots ( Pozzallo , Trapani and Lampedusa). After several days, the applicants were deported to Tunisia.
QUESTIONS TO THE PARTIES
1 . Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention (see Khlaifia and Others v. Italy [GC], no. 16483/12, 15 December 2016) during their stay in the Hotspots in which they were hosted?
If so, was the applicants ’ detention ordered “in accordance with a procedure prescribed by law”?
2 . Were the applicants informed, in a language which they understood, of the reasons for their detention, as required by Article 5 § 2 of the Convention?
3 . Did the applicants have at their disposal an effective procedure by which they could challenge the lawfulness of their detention, as required by Article 5 § 4 of the Convention?
4 . Were the applicants, aliens in the respondent State, expelled collectively, in breach of Article 4 of Protocol no. 4?
5 . Did the applicants have at their disposal an effective domestic remedy to complain about their alleged collective expulsion, as required by Article 13 of the Convention?
APPENDIX
No.
Application no.
Case name
Lodged on
Date of b irth
Nationality
Represented by
Date of arrival in Italy
Hotspot and arrival date
Days of stay in the Hotspot
Date of removal to Tunisia
1
33803/18
H.B. v. Italy
13/06/2018
14/10/1997
Tunisian
Lucia GENNARI and Loredana LEO
9/12/2017
Pozzallo
9/12/2017
5
14/12/2017
2
52953/18
H.L. v. Italy
02/11/2018
05/10/1996
Tunisian
Maria Concetta ROMANO
22/4/2018
Trapani
24/4/2017
11
5/5/2017
3
53788/18
C.L. v. Italy
07/11/2018
26/03/1984
Tunisian
Alice ARGENTO
4/5/2018
Lampedusa
4/5/2018
3
7/5/2018
4
53790/18
M.J. v. Italy
07/11/2018
27/06/1981
Tunisian
Laura BOND Ì
4/5/2018
Lampedusa
4/5/2018
3
7/5/2018