13th/05/2005
European Union & migrants
European Court of
Human Rights - interim measures Italy and EU Members States should stop
deportations towards Libya
The
third section of the European Court of Human Rights has asked Italy to suspend
the expulsion of 11 immigrants to Libya. This case presented by a team of
Italian lawyers coordinated by Antonio Lana, on behalf of 79 foreigners, is
intended to contest the legality of the measures of collective expulsion of
these persons from Italy (Lampedusa) towards Libya.
In
a letter dated may 10th, 2005, the President of the Third Section of the
European Court of Human Rights indicated, in application of the article
39 [1] of the statute of the Court, that is was preferable,
"in the interest of the parties" and to ensure due process, not to
expulse these 11 immigrants from Italian territory.
This
measure intervenes at the opening of the case at the Court on a matter
presented by the lawyers, requesting the annulations of requests to expel from
Italy to Libya.
These interim measures are a first step towards the recognition of the
illegality of measures of eviction towards Libya, said lawyer Antonio Lana, a
member of UFTDU.
FIDH,
UFTDU -a member of FIDH-, and the European Association for Human rights (AEDH)
believe that States should extend the application of the interim suspension to
all migrants, who are likely to be deported to Libya. The interim measure on
the examined individuals should be extended to all migrants and asylum seekers
who are in the same situation. Behind the freezing of the expulsion measure of
these 11 persons, we believe that all expulsions form Italy to Libya ought to
be frozen. Similarly the negociation of the EU-Libya agreement on these matters
should be frozen, said Sidiki Kaba, President of the FIDH, the Italian and
European authorities ought to suspend their expulsions to the decision of the
European court, till it pronounces itself on the substance.
In
a report to be published at the end of May, FIDHs analysis of the situation of
migrants and asylum seekers in Italy reveals that the Italian migration policy
is at the core of numerous violations of international human rights and refugee
protection instruments - such as the 1951 Convention relating to the status of
refugees, the International Covenant on civil and political rights, and the
Convention against torture.
This
decision is the most recent development in a political debate that has already
led to the European Parliaments disapproval of Italys policy of
expulsions [2]. Many international NGOs, including FIDH, have also
condemned Italy for its agreement with Libya on the return of migrants who
arrive on Italian territor. Behind Italy, the European Union itself is
currently negotiating with Libya the migrants deportation.
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Press
Contacts: FIDH - Antoine Madelin +32 (0) 485 22 22 87 UFTDU - Antonio Lana + 39
685 300 769 AEDH - Catherine Teule +32 (0) 2209 63 84
[1] Rule 39 of the Rules of the European Court on Human
Rights (Interim measures) 1. The Chamber or, where appropriate, its President
may, at the request of a party or of any other person concerned, or of its own
motion, indicate to the parties any interim measure which it considers should
be adopted in the interests of the parties or of the proper conduct of the
proceedings before it. 2. Notice of these measures shall be given to the
Committee of Ministers. 3. The Chamber may request information from the parties
on any matter connected with the implementation of any interim measure it has
indicated.
[2] European Parliament resolution Lampedusa, April 14th
2005, P6_TA-PROV(2005)0138