Grand Chamber inadmissibility decision concerning Italy
The Court has declared inadmissible the applicant’s complaints in the case of Mansouri v. Italy.
The case concerned the lawfulness of the conditions in which a Tunisian national had been confined on board a ship responsible for returning him to his country of origin on the ground that he did not have a visa for entry to Italy.
The applicant, who had been issued with a refusal-of-entry order by the border police, relied on Articles 3 (prohibition of inhuman or degrading treatment), 5 (right to liberty and security) and 13 (right to an effective remedy) of the Convention.
Regarding the complaints under Article 5 of the Convention, the Court found that the applicant had not exhausted available and effective remedies under domestic law. It also found that the applicant’s general accommodation conditions on board the ship had not attained the minimum level of severity required for his confinement to engage Article 3 of the Convention.