The court held that the applicants were within Italy’s jurisdiction for purposes of article 1 of the Convention, which obligates states to protect the rights of persons in their jurisdiction. Further, the principle of international law enshrined in the Italian Navigation Code provides that a vessel is subject to the exclusive jurisdiction of the State of the flag. 

The applicants complained about the alleged violations of article 3 of the Convention. The court held that Italy’s actions exposed the applicants to the risk of torture or inhuman or degrading treatment in Libya and their respective countries of origin. 

The court held that article 4 of Protocol No. 4. of the Convention applied to the removal of aliens carried out outside national territory. Additionally, that the return of the applicants to Libya amounted to a collective expulsion of aliens, which is prohibited in article 4. This is because the Italian authorities failed to carry out any form of examination of each applicant’s situation.

Finally, the court held that there was no violation of the right to an effective remedy as guaranteed in  article 13 of the Convention. The applicants were unable to lodge their complaints with competent judicial authorities before they were returned to Libya.