ECtHR: Rule 39 Interim Measure issued on proposed expulsion of Syrian family from Denmark to Italy

Monday, February 17, 2014

n 30 January 2014, the ECtHR granted an Interim Measure under Rule 39 of the Rules of the Court staying the expulsion of a Syrian woman and her three minor children from Denmark to Italy. The Applicant travelled by sea to Italy in October 2013. Upon arrival in Italy she and her children were apprehended by the Italian police and placed in a closed camp for three days. The Italian police registered the Applicant’s fingerprints and released the family from the camp. The Italian authorities gave no instructions or guidance on where and how the Applicant could lodge an application for asylum or where they could be accommodated. Furthermore, the Applicant was exposed to traumatizing experiences while in Italy. After a short stay in Italy, the Applicant and her children travelled onwards to Denmark.

The Danish authorities found Italy to be the responsible State according to Article 10(1) of the Dublin II Regulation and Italy accepted the transfer in December 2013. The appeal instance processed the case in January 2014. The references to violations of Article 3 ECHR (and accordingly the request to apply the sovereignty clause) were rejected, both in relation to the experiences in Italy and the lack of protection from the Italian authorities, as well as the risk of future violations due to the inadequate reception conditions and the risk of the Applicant being re-traumatized upon return to Italy.

The Weekly Legal Update and EDAL would like to thank the Danish Refugee Council for informing ECRE about this development.

This item was reproduced with the permission of ECRE from the weekly ELENA legal update supported by the Fundamental Rights and Citizenship Funding Programme and distributed by email. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE, the IRC or its partners.

Dublin Transfer
Inhuman or degrading treatment or punishment
Reception conditions