Communicated on 26 June 2020
Published on 20 July 2020
FIRST SECTION
Applications nos. 60154/19 and 60161/19
Angelo APETOFIA against Italy
and Joseph NKONTCHOUA TCHOUMBOU against Italy
lodged on 12 November 2019 and 15 November 2019 respectively
SUBJECT MATTER OF THE CASES
The applicants left Libya on board of a rudimentary vessel. Rescued by the “Seawatch” ship, they reached the Italian coast on 19 May 2019 and were transferred to the Hotspot of Lampedusa on the following day. The applicants claim having been illegally detained in the said Hotspot and having endured harsh conditions of stay. On 24 May 2019, they were transferred to the migrant facility “Villa Sikania”.
QUESTIONS TO THE PARTIES
1. Were the applicants deprived of their liberty in breach of Article 5 § 1 of the Convention (see Khlaifia and Others v. Italy [GC], no. 16483/12, 15 December 2016) during their stay in the Hotspot of Lampedusa?
Was the applicants’ detention ordered “in accordance with a procedure prescribed by law”?
2. Were the applicants informed, in a language which they understood, of the reasons for their detention as required by Article 5 § 2 of the Convention?
3. Did the applicants have at their disposal an effective procedure by which they could challenge the lawfulness of their detention, as required by Article 5 § 4 of the Convention?
4. Have the applicants been subjected to inhuman or degrading treatment, in breach of Article 3 of the Convention during their stay in the Hotspot of Lampedusa, having regard in particular to the material conditions of their detention (see M.S.S. v. Belgium and Greece [GC], no. 30696/09, ECHR 2011 and Tarakhel v. Switzerland [GC], no. 29217/12, ECHR 2014 (extracts))?
5. Did the applicants have at their disposal an effective domestic remedy for their Article 3 complaint, as required by Article 13 of the Convention?
APPENDIX
No.
Application no.
Case name
Applicant
Date of Birth
Nationality
Representative
1
60154/19
Apetofia v. Italy
Angelo APETOFIA
06/11/1993
Italian
Simona CONIGLIARO
2
60161/19
Nkontchoua Tchoumbou
v. Italy
Joseph NKONTCHOUA TCHOUMBOU
25/01/1990
Cameroonian
Francesco Maria SICILIA
Full & Egal Universal Law Academy