La Corte europea condanna l’Italia per i respingimenti verso la Libia del 2009: il caso Hirsi

The article explores the case Hirsi and others v. Italy concerning the interception at sea and push back to Libya of 11 Somalis and 13 Eritreans by the Italian authorities in May 2009. On 23 February 2012 the European Court of Human Rights condemned Italy for the violation of art. 3 ECHR (prohibiting torture and inhuman and degrading treatment), art. 4 of Protocol No. 4 (prohibition of collective expulsions) and Article 13 (right to an effective remedy) taken in conjunction with Article 3 and with 4 of Protocol No.4. The author first analyzes the applicability of the ECHR in the high seas, and the various complaints submitted to the Court and then goes on to consider the wider implications of the judgment, since the principles affirmed therein could concern other hypotheses of externalization of border control.