ECtHR, 19 October 2023, A.B. v. Italy, A.S. v. Italy, M.A. v. Italy, Appl. Nos. 13755/18, 20860/20, 13110/18

The hotspot approach in Lampedusa under the spotlight of the ECHR: Unlawful detention as well as inhuman and degrading treatment

Abstract

Once again, the ECtHR found in three cases against Italy that the living conditions in the hotspot of Lampedusa constitute inhuman and degrading treatment prohibited by Article 3 ECHR. The Court also reaffirmed that the detention of migrants in the hotspot is unlawful under Article 5 ECHR as migrants are deprived of their liberty without a clear and accessible legal basis and in the absence of a reasoned measure ordering their detention. A clear and precise legal framework surrounding the hotspot approach is thus, once again, emphasized in order to guarantee the protection of human rights.