The applicant is a Tunisian national who reached the Italian coast aboard a rudimentary vessel on 30 October 2017, where they
were immediately taken to the Lampedusa Hotspot. After 22 days, the applicant was brought to Palermo and deported to Tunisia.

Upon a second attempt in March 2018, an applicant seeking asylum in Italy faced challenges, arriving on a makeshift vessel and encountering difficulties in the asylum request process. The Lampedusa hotspot, where the applicant was detained, experienced operational issues and delays in transferring individuals to the mainland. Despite submitting a request for asylum and transfer, the applicant faced inhuman and degrading conditions, including sleeping outdoors due to overcrowding and inadequate facilities.

The government’s preliminary objections were dismissed by the European Court of Human Rights (ECHR), which merged them with the case’s merits. The ECHR ruled that the difficulties in the asylum request process were not justified by the government’s explanations.

The ECHR found a violation of Article 3, citing reports of poor conditions in the Lampedusa hotspot. Additionally, the court concluded that the applicant’s detention lacked a clear legal basis, violating Article 5.