ECtHR (G.C.), 15 December 2016, Khlaifia and others v Italy, n° 16483/12

Refining the prohibition of collective expulsion in situation of mass arrivals: a balance well struck?

Abstract

The December 2016 Grand Chamber judgment partly reverses, and partly upholds the findings of the earlier September 2015 Second Section judgment. It toes the line in what concerns guarantees against arbitrary deprivation of liberty. However, its position differs in relation to violations of Article 3 and of Article 4, Protocol 4 ECHR. While not undermining the absolute nature of the prohibition of inhuman or degrading treatment, the Grand Chamber nuances its position on the threshold of minimum severity required to find a violation of that principle in situations of deprivation of liberty. It also refines the guarantees around the prohibition of collective expulsion in a manner which affords greater leeway to national authorities dealing with the situation of mass arrivals.