Published on 16 September 2024
FIRST SECTION
Applications nos. 57842/22 and 4722/23
Jahangir ABBAS and Others against Italy
and Muhammad Arsalan HAMEED against Italy
lodged on 21 December 2022 and 26 January 2023 respectively
communicated on 29 August 2024
SUBJECT MATTER OF THE CASE
The applications concern the applicants’ living conditions following their temporary expulsion from a reception centre for asylum seekers (“the CARA”).
The applicants were hosted in the Gradisca d’Isonzo CARA. Following various incidents occurred at the CARA on 8 and 9 September 2022, the Prefecture (Prefettura) of Gorizia, on 14 and 15 September 2022, ordered their eviction from the CARA premises pursuant to section 23 § 1 (a) of Decree Law no. 142 of 18 August 2015. The applicants therefore brought an action against the administrative decisions before the Regional Administrative Court (“the RAC”) of Friuli Venezia Giulia.
With regard to application no. 57842/22, on 19 October 2022 the RAC ordered the suspension of the effects of the eviction orders. On 10 November 2022, the same RAC quashed the administrative decisions, on the grounds of their inconsistency with the law and awarded each applicant a lump sum of 100 Euros (judgment no. 470/2022). On 14 November 2022, the applicants filed a request for enforcement of the judgment. On 22 December 2022, the applicants lodged with the Court a request for interim measures under Article 39 of the Rules of the Court. On 27 December 2022, the Prefecture of Gorizia ordered that the applicants be relocated in the CARA in compliance with judgment no. 470/2022.
With regard to application no. 4722/23, on 3 November 2022, the RAC issued an analogous order for suspension of the effects of the expulsion order, and on 30 November 2022 quashed the administrative decision (judgment no. 515/2022). On 27 December 2022, the applicant filed a request for enforcement of the judgment. On 26 January 2023, the applicant lodged with the Court a request for interim measures under Article 39 of the Rules of the Court. On 30 January 2023, the Prefecture of Gorizia ordered that the applicant be relocated in the CARA in compliance with judgment no. 515/2022.
The applicants complain under Article 3 of the Convention that, since their eviction from the CARA premises and until relocation, they slept in makeshift beds or in abandoned buildings, had no regular access to food, hygienic services and adequate medical assistance.
QUESTIONS TO THE PARTIES
1. Have the applicants exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention?
In particular, was the appeal before the Council of State an effective remedy within the meaning of this provision in respect of the applicants’ complaint under Article 3 of the Convention?
2. Have the applicants been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention (M.S.S. v. Belgium and Greece [GC], no. 30696/09, § 235-64, 21 January 2011; N.H. and Others v. France, nos. 28820/13 and 2 others, § 163-4, 2 July 2020)?
APPENDIX
List of cases:
No.
Application no.
Case name
Lodged on
Applicant
Year of Birth
Place of Residence
Nationality
Represented by
1.
57842/22
Abbas and Others v. Italy
21/12/2022
J. ABBAS
1994
Gradisca d’Isonzo
Pakistani
W. AHMED
1993
Gradisca d’Isonzo
Pakistani
A. AFZAL
1993
Gradisca d’Isonzo
Pakistani
A. ALI
1991
Gradisca d’Isonzo
Pakistani
S. MUHAMMAD
1974
Gradisca d’Isonzo
Pakistani
U. SIBGHAT
1996
Gradisca d’Isonzo
Pakistani
R. TOQEER
1995
Gradisca d’Isonzo
Pakistani
Caterina BOVE
2.
4722/23
Hameed v. Italy
26/01/2023
M. HAMEED
1995
Bosaro (Rovigo)
Pakistani
Caterina BOVE