SECRETARIAT GENERAL SECRETARIAT OF THE COMMITTEE OF MINISTERS SECRETARIAT DU COMITE DES MINISTRES Contact: Mireille Paulus Tel: 03 88 41 22 55 Date: 10 August/août 2012 DH-DD(2012)727 Documents distributed at the request of a Representative shall be under the sole responsibility of the said Representative, without prejudice to the legal or political position of the Committee of Ministers. Meeting: 1150 DH meeting (24-26 September 2012) Item reference: Communication from a NGO (Unione forense per la tutela dei diritti umani, Forensic Union for the Protection of Human Rights) (26/07/12) in the case of Hirsi Jamaa against Italy (Application No. 27765/09) Information made available under Rule 9.2 of the Rules of the Committee of Ministers for the supervision of the execution of judgments and of the terms of friendly settlements. *********** Les documents distribués à la demande d’un/e Représentant/e le sont sous la seule responsabilité dudit/de ladite Représentant/e, sans préjuger de la position juridique ou politique du Comité des Ministres. Réunion : 1150 réunion DH (24-26 septembre 2012) Référence du point : Communication d'une ONG (Unione forense per la tutela dei diritti umani, Forensic Union for the Protection of Human Rights) (26/07/12) dans l'affaire Hirsi Jamaa contre Italie (requête n° 27765/09) (anglais uniquement). Informations mises à disposition en vertu de la Règle 9.2 des Règles du Comité des Ministres pour la surveillance de l’exécution des arrêts et des termes des règlements amiables. FORENSIC UNION FOR THE PROTECTION OF HUMAN RIGHTS THE PRESIDENT Rome, 25 July 2012 Department for the Execution of Judgments of the European Court of Human Rights Directorate General of Human Rights and Legal Affairs Council of Europe 67075 Strasbourg Cedex France Registered letter with receipt, previously sent by fax to 00333 88412793 SUBJECT: EXECUTION OF THE JUDGMENT OF THE EUROPEAN COURT OF HUMAN RIGHTS OF 23 FEBRUARY 2012, APPLICATION No. 27765/09, HIRSI JAMAA AND OTHERS v. ITALY We are writing to draw to your attention the problems associated with execution of the aforementioned judgement, with specific reference to the general measures. 1. Introduction The Forensic Union for the Protection of Human Rights (hereunder referred to as "UFTDU") is a non- governmental organisation set up in Rome on 2 March 1968. Pursuant to Article 2 of its own statutes, UFTDU exists for the purpose of disseminating knowledge of domestic and international law provisions regarding the protection of human rights and promoting their effective observance in practice by judicial, extra-judicial, administrative and legislative bodies. Since 2010, UFTDU has been an affiliate member of the Fédération Internationale des droits de l’homme, with which it pursues numerous co-operation activities. The association is also registered with the "Register of associations and bodies conducting activities against discrimination" kept by the Ufficio Nazionale Antidiscriminazioni Razziali (UNAR). UFTDU has also joined the IDHAE, the European Bar Human Rights Institute, and it contributed to the setting up of the Italian Council for Refugees (CIR), for many years the technical organ of the Office of the UN High Commissioner for Refugees. In accordance with Rule No. 9 of the Rules of the Committee of Ministers for the supervision of the execution of judgements and of the terms of friendly settlements, adopted on 10 May 2006, the Committee of Ministers "shall be entitled to consider any communication from non-governmental organisations, as well as national institutions for the promotion and protection of human rights, with regard to the execution of judgments under Article 46, paragraph 2, of the Convention". UFTDU, as a non-governmental organisation, is therefore writing to draw to your attention the facts set out below. 2. General measures The aforementioned judgment, delivered by the Grand Chamber on 23 February 2012, found that there had been a violation by the State of Italy of Article 3 of the EConvHR, Article 4 of Protocol No. 4 to the EConvHR and Article 13 of the EConvHR, taken together with Article 3 of the EConvHR and Article 4 of Protocol No. 4 of the EConvHR. The Court granted the Italian Government a period of three months to execute the judgment. As well as awarding the applicants a sum by way of just satisfaction and requiring the Italian Government to adopt individual measures vis-à-vis the applicants, the Court specified that the individual measures referred to were to be understood "without prejudice to the general measures required to prevent other similar violations in the future" (§ 210 of the judgment). Although the three-month period granted by the Court expired on 23 May last, it has to be noted, for the reasons set out below, that, to date, Italy has not yet taken steps to execute the aforementioned judgment punctually. Not only has the Italian Government not taken any positive action to this end, but there is more to be said. On 3 April 2012 a meeting took place in Tripoli between the Italian Government's Minister of the Interior, Ms. Annamaria Cancellieri, and Libya's Minister of the Interior, Mr. Fawzi Al-Taher Abdulali, for the purpose, inter alia, of renegotiating the previous agreements between the parties relating to border controls and the prevention of irregular immigration. It emerges from the record of the meeting (cf document 1) that the Italian Government aims to obtain the support of the Libyan authorities for curbing migratory movements. To that end, the Libyan Government has undertaken to reinforce border controls to prevent migrants from leaving its territory, while the Italian Government has undertaken to provide training and equipment to improve the supervision of Libya's borders. The new agreement also provides for the planning of maritime activities within the spheres of respective competence as well as in international waters, as provided for in the relevant bilateral agreements. Those very same agreements, the application of which led to the State being found guilty of a violation in the Hirsi case! In substance, there is no provision for a specific commitment to the protection of human rights, no mechanism capable of providing assistance to those who request international protection. This is all in clear contrast with what the Italian Government apparently told the Committee of Ministers in the context of execution of the judgment. The Government's statement that the agreements had been renegotiated "with a view of adapting them to the requirements of the Convention" (cf paragraph 4 of aforementioned document DH-DD(2012)544F) in fact contrasts patently with the actual situation. There is cause for concern about the Italian Government's inertia vis-à-vis a situation such as that which still prevails on Libyan territory, which presents a serious risk that migrants, refugees and asylum-seekers might be subjected to treatments contravening the EConvHR. This concern, moreover, seems to be confirmed as well by the information supplied by the media, which report episodes of unlawful push-backs of refugees travelling from Libya which allegedly occurred last week in international waters in the Strait of Sicily. It also has to be noted that the question of general measures was not even discussed at the latest meeting of the Committee of Ministers (held in Strasbourg from 4 to 6 June last) – despite the fact that the execution of the Hirsi judgment was on the agenda – as is clear from decision DH- DD(2012)544F adopted there (document 2). Recalling that on 23 May last the three-month period granted in the judgment of the European Court to the State of Italy for execution of the aforementioned judgment expired, we await action by the Department for the Execution of Judgments in order to ensure, in the most prompt and reasonable manner possible, execution of that judgment. Yours faithfully, Avv Mario Lana Encl. 1. Record of the meeting which took place in Tripoli on 3 April 2012 between the Italian Government's Minister of the Interior, Ms. Annamaria Cancellieri and Libya's Minister of the Interior, Mr. Fawzi Al-Taher Abdulali; 2. Decision DH-DD(2012)544F adopted by the Committee of Ministers of the Council of Europe on 6 June 2012. Original in Italian Encl. 1 ITALIAN DELEGATION MINISTER OF THE INTERIOR, ANNAMARIA CANCELLIERI Amb. Giuseppe BUCCINO GRIMALDI, Ambassador of Italy in Libya Pref. Antonio MANGANELLI, Chief of Police – Director General of Public Security Pref. Angela PRIA, Head of Department of Civil Liberties and Immigration Pref. Matteo PIANTEDOSI, Deputy Chief of Staff Pref. Rodolfo RONCONI, Central Director of Immigration and Border Police – Department of Public Security Consigliere Marco VILLANI, Diplomatic Advisor to the Minister Consigliere Domenico BELLANTONE, Advisor to the Embassy of Italy in Libya Vice Questore Agg. Vincenzo TAGLIAFERRE, Department of Public Security, Head of the European Union project team on integrated border management in Libya Italian Minister of the Interior Libyan Minister of the Interior RECORD OF THE MEETING BETWEEN THE MINISTER OF THE INTERIOR OF THE REPUBLIC OF ITALY AND THE MINISTER OF THE INTERIOR OF LIBYA (TRIPOLI, 3 APRIL) In the framework of the consolidation of friendly relations between Libya and the Republic of Italy and of the bilateral treaties and agreements intended to strengthen privileged relations in the field of the combating of illegal immigration, and to give operational follow-up to the visit to Libya made on 21 January 2012 by the Prime Minister of the Republic of Italy, HE Annamaria Cancellieri, Minister of the Interior of the Republic of Italy, made an official visit to Libya on 3 April 2012, during which she met HE Fawzi Al-Taher Abdulali, Minister of the Interior of Libya. During the meeting, the two Ministers of the Interior had discussions to identify the methods and means of improving bilateral co-operation relations in the migration sector, in a framework of consultation and in a spirit of partnership and active solidarity.