Case Law

This case concerned the sinking on 20 January 2014 of a fishing boat transporting 27 foreign nationals in the Aegean Sea, off the island of Farmakonisi, resulting in the death of 11 people, including relatives of the applicants. The Court found violations of Article 2 (right to life) and Article 3 (prohibition of inhuman or degrading treatment).

7 July 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Rescue at sea / Interception at sea | Countries: Afghanistan - Greece - Palestine, State of - Syrian Arab Republic

24 February 2015 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Topic(s): Access to procedures - Border crossers - Expulsion - Illegal immigrants / Undocumented migrants - Immigration Detention - Refugee status determination (RSD) / Asylum procedures - Regional instruments - Rejection at border - Rescue at sea / Interception at sea | Countries: Italy - Nigeria

See further Committee of Minister (CM) decisions of September 2016 and June 2017 available at: http://hudoc.exec.coe.int/eng?i=CM/Del/Dec(2016)1265/H46-16 ; http://hudoc.exec.coe.int/eng?i=CM/Del/Dec(2017)1288/H46-17E) and Italian authorities submission of Sept. 2017 ( available at: http://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168075968c); the Communication by Italian Government Action plan (https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTMContent?documentId=090000168091f978 ); and the decision by the Committee of Ministers of 5 March 2020 (available at: https://search.coe.int/cm/Pages/result_details.aspx?ObjectID=09000016809cc879)

21 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Access to procedures - Effective remedy - Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Refoulement - Rescue at sea / Interception at sea | Countries: Afghanistan - Eritrea - Greece - Italy - Sudan

Application made by summons for an interlocutory injunction restraining the defendants or any officer, servant or agent of the defendants from detaining the plaintiff and/or for an order that the plaintiff be released from detention.

19 January 2011 | Judicial Body: Australia: Federal Magistrates Court | Topic(s): Asylum-seekers - Illegal entry - Immigration Detention - Rescue at sea / Interception at sea - Right to liberty and security - Unaccompanied / Separated children | Countries: Afghanistan - Australia

11 November 2010 | Judicial Body: Australia: High Court | Topic(s): Access to procedures - Appeal / Right to appeal - Asylum-seekers - Immigration Detention - Reception - Refugees - Rescue at sea / Interception at sea - Rule of law / Due process / Procedural fairness | Countries: Australia - Sri Lanka

8 September 2010 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Countries: Italy

13 March 1997 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Denial of refugee status - Flight by land, air or sea - Involuntary repatriation - Refoulement - Rescue at sea / Interception at sea | Countries: United States of America

16 October 1996 | Judicial Body: Inter-American Commission on Human Rights (IACHR) | Topic(s): Children-at-risk - Flight by land, air or sea - HIV and AIDS - Rescue at sea / Interception at sea - Right to life - Smuggling of persons | Countries: Cuba