Provision of temporary measures for medical treatment and protection of migrants

DECISION TO APPLY PROVISIONAL MEASURES of 30.01.2019

see here

SUMMARY

Decision on interim measures. The 47 migrants of the SeaWatch 3 ship from Libya who rescued in the Mediterranean asked to board Italy, as the situation on the ship was precarious and the health of the immigrants was poor. The ECtHR has asked the Italian Government to take all necessary steps as soon as possible to provide all applicants with adequate medical care, food, water and essential supplies as necessary. As regards unaccompanied minors, the Italian Government was called upon to provide appropriate legal assistance to them. The government is also invited to keep the Court informed of developments in the situation of applicants.

PROVISION

Article 3

PRINCIPAL FACTS 

On 25 January 2019, the Court received an urgent request, in accordance with Article 39 of the Rules of Court, of the SeaWatch master 3, the head of the rescue mission and one of the migrants on board. A subsequent application was submitted on January 28 by 15 unaccompanied minors on board. The request was the following: the 47 migrants of the ship, who were rescued in the Mediterranean, boarded the land, as the situation on the ship was precarious and the health of the immigrants was poor.

Following the first urgent request, the Court asked for more information from the parties, who replied by January 29 at noon.

Applications were registered under numbers 5504/19 and 5604/19.

THE DECISION OF THE COURT 

On 29 January 2019 f the European Court of Human Rights decided, by majority vote, to grant a temporary measure on the SeaWatch 3 vessel, which currently has 47 immigrants and is anchored at Syracuse, Sicily.

The ship was not allowed to enter the port and the applicants complained that they were detained without legal basis while undergoing inhuman and degrading treatment, with the risk of being returned to Libya without an assessment of their individual situation.

In its judgment, the Court did not accept the applicants’ requests to disembark. He asked the Italian government “to take all necessary measures as soon as possible to provide all applicants with adequate medical care, food, water and essential supplies as necessary. As regards unaccompanied minors, the government is called upon to provide appropriate legal assistance (eg legal guardianship). The government is also invited to keep the Court informed of developments in the situation of applicants.

This interim measure is valid until the next notice (echrcaselaw.com).



ECHRCaseLaw

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