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MINISTERS’ DEPUTIES |
Decisions |
CM/Del/Dec(2024)1501/H46-18 |
13 June 2024 |
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1501st meeting, 11-13 June 2024 (DH)
H46-18 J.A. and Others group v. Italy (Application No. 21329/18) Supervision of the execution of the European Court’s judgments
Reference document |
Decisions
The Deputies
1. recalled that this group of cases concerns the unlawful detention in poor living conditions of the applicants in the hotspots of Lampedusa and Taranto, the collective expulsion of some of them and the unavailability of domestic remedies for unaccompanied minors to complain about the conditions of their detention;
As regards individual measures
2. noted that no individual measures are required in these cases, other than the payment of the just satisfaction awarded by the Court and invited the authorities to rapidly complete the payment of the just satisfaction in these cases and provide information on the default interest in the A.B. case;
As regards general measures
3. noted with satisfaction the measures adopted by the Italian authorities to improve the reception conditions at the hotspot of Lampedusa and the progress achieved; noted however that the available information, including on persistent shortcomings in the provision of essential services, does not allow a full assessment of the impact of the adopted measures and the need of further remedial action;
4. invited therefore the authorities to provide their assessment, information and statistics as outlined in the analysis prepared by the Secretariat concerning the Lampedusa hotspot, as well as information on theremedial actions taken or envisaged to improve the material conditions in the Taranto hotspot and on the current situation in the other hotspots in Italy;
5. noted with concern the information indicating the continuing unlawful deprivation of liberty in these centres, including of unaccompanied minors; noted with regret that no information was provided by the authorities on these issues and called on them to provide their assessment and comprehensive information on the current function of the hotspots, the applicable legal provisions and safeguards for detaining adult migrants therein and examples of relevant administrative and judicial decisions;
6. called also on the authorities to secure that the domestic legal framework prohibiting the detention of unaccompanied minors is effectively applied in practice and to inform the Committee of the measures adopted and their impact; recalled that the issue of the possibility for unaccompanied minors to challenge their conditions of stay in receptions centres before domestic courts is followed in the Darboe and Camara group of cases;
7. called further on the authorities to submit their assessment of the remedial action required to address the issues concerning collective expulsion of migrants raised in J.A. and Others including information on the applicable legal provisions and safeguards;
8. requested the authorities to provide information on the questions referred to above, by 15 November 2024 at the latest.