ICJ intervenes in case of migrant’s detention and access to justice in Italy

by | Jun 26, 2015 | Advocacy, Cases, Legal submissions, News

The ICJ submitted today a third party intervention before the European Court of Human Rights in the case of Richmond Yaw and others v. Italy regarding the detention of four migrants in Italian Centres for Identification and Expulsion.

The case raises issues related to the lawfulness of their detention in immigration centres, and the compliance of the mechanisms of judicial review and compensation for unlawful detention with the European Convention on Human Rights.

Taky Berko Richmond Yaw, Yaw Ansu Matthew, Darke Isaac Kwadwo, and Dominic Twumasi, nationals of Guinea, had been detained in the Centre for Identification and Expulsion of Ponte Galeria (Rome).

In these submissions, the ICJ presented the Court with a summary of its findings regarding the law and practice of detention of migrants and the related judicial guarantees in Italy, in its 2014 report, “Undocumented” Justice for Migrants in Italy.

Furthermore, the ICJ presented an analysis of the principles that apply in regard to arbitrary detention of persons detained for the purposes of immigration control under article 5.1.f. ECHR, in particular:

  • The principle of legality, including the fact that the basis, procedures and conditions for detention must be provided by law, and the principle that detention must be carried out in good faith; and the due process guarantees related to these principles;
  • The requirement that detention be undertaken only pursuant to the permitted purposes of article 5.1.f ECHR, and the need for strict construction of this requirement, and ongoing scrutiny of compliance with it, in particular in the context of long periods of detention;
  • The requirements of access to an effective judicial mechanism to secure the right to habeas corpus and review of the legality, necessity and proportionality of the detention of migrants, under article 5.4. ECHR;
  • The requirements of an effective remedy and reparation mechanism for unlawful deprivation of liberty under article 5.5 ECHR.

ECtHR-AmicusBrief-Yaw&others v Italy-Advocacy-Legal Submission-2015-ENG (download the third party intervention)

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