“Esternalizzazione” e Patto internazionale sui diritti civili e politici: brevi riflessioni sulle comunicazioni M.I. e altri e Nabhari contro Australia

The contribution analyses the Views of the Human Rights Committee – the monitoring body of the International Covenant on Political and Civil Rights – on two communications submitted against Australia, M.I. et. al. and Nabhari. Both cases involve people that, without any authorization, reached Australia by sea and, for this reason, were detained, transferred to Nauru and here detained again in view of the extraterritorial evaluation of their asylum claims as provided by a bilateral agreement between the two States. After a brief explanation of the facts of the cases, the contribution analyses the conclusions reached by the Committee on the exercise of the Parties’ jurisdiction for the purpose of the extraterritorial application of the Covenant, on the compliance of the offshore detention regime with the right to liberty and security (Art. 9 of the Covenant) and on the potential risk of refoulement (Art. 7 of the Covenant) originated from the transferal of unauthorized migrants in third countries on the basis of cooperation agreements in the field of migration. By also verifying the existence of similar positions in the case law of the European Court of Human Rights, the contribution ends with some reflections on the impact that these Views may have on the externalization of irregular migration control.