1. ECtHR, Hirsi Jamaa and Others v Italy, 27765/09, 23 February 2012
Hirsi case
ECtHR, Hirsi Jamaa and Others v Italy, 27765/09, 23 February 2012

2. Facts of the case
A group of about two hundred individuals trying to reach Italy aboard three vessels, crossing the Mediterranean from Libya.
Intercepted by the Italian police and coastguard, transferred onto Italian military ships and, ten hours later, handed over to the Libyan authorities in accordance with a bilateral agreement.
ECtHR evaluated if there had been a breach of the 1951 Convention.

3. The question of jurisdiction
Article 1 ECHR
Military ships sailing by the Italian flag
A rescue operation on the high seas?
Italian control of the aliens
Medvedyev and Others v. France

4. Art. 3 ECHR
Examine the foreseeable consequences of the removal of an applicant to the receiving country in light of the general situation there as well as his/her personal circumstances
The situation in Libya?
Italian-Libyan Friendship Treaty?
Expressly request asylum?

5. Art. 3 ECHR
Are there sufficient guarantees from intermediary state to follow the principle of non-refoulement?
- No ratification of Refugee convention
- No available protection
- Arbitrary repatriation

6. Art of 4 Protocol No. 4
Article 4 – Collective expulsion of aliens is prohibited.
Any measure of the competent authority compelling aliens as a group to leave the country, except where such a measure is taken after and on the basis of a reasonable and objective examination of the particular cases of each individual alien of the group
States must examine personal circumstances and enabling the individuals to put forward their arguments.
Georgia v. Russia (I), 3 July 2014 (Grand Chamber)
M.A. v. Cyprus (no /10), 23 July 2013

7. Art. 13 ECHR Purpose of art. 13 ECHR
- To guarantee the availability at a national level of a remedy to enforce the substance of the convention.
The claim of art. 13 in conjunction with art. 3 ECHR and art. 4 of Protocol No. 4
- Art. 3 and art. 4 violated = valid claim of breach of art. 13
Breach of the obligation under art. 13
- Examination of individual circumstances
- Information to the concerned
The suspensive effect of art. 13 ECHR
- No measures taken before examination whether these are in compliance with the convention if the consequences of such measures are potentially irreversible.

8. Our thought about this case
Far reaching obligations of states when sending back protection seekers
- informed on where
- pay attention to how
Strong safeguards for protection seekers