March 01
2021
Anjum Shabbir
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10th January 2020
Employment & Immigration Human Rights

ECtHR: Detention of foreign nationals entitled to humanitarian residence permit may not violate Article 5(1) ECHR

In today’s judgment in Jeddi v. Italy, the European Court of Human Rights assessed whether Italian authorities violated Article 5(1) of the ECHR (right to liberty and security) by placing the applicant in the Identification and Expulsion Centre in Milan for 14 days, despite a Naples District Court judgment that required that Italian authorities grant him a humanitarian residence permit.

The ECtHR considers that there was no breach of the rights of the applicant, a Tunisian national that had arrived to Italy illegally, and without identity documents. The ECtHR recalled that Article 5(1) of the ECHR allows states to restrict the liberty of foreign nationals in the context of immigration control. It also considered that the applicant acted negligently by illegally leaving Italy (while his residence permit proceedings before the Court of Naples were ongoing) to make a parallel application for asylum in Switzerland, and that he did not return voluntarily to Italy but that he was sent back there by the Swiss authorities under the Dublin Regulation, which suggested that he was indeed no longer concerned about the proceedings pending in Italy.

The judgment is only available in French. Read it here.

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