Reception or detention? The case of Italian hotspots

The main question of this article is whether hotspots in Italy are reception or detention structures and whether detention in these structures is law- ful under international law, namely under Article 5 of the European Convention of Human Rights (ECHR hereafter). In order to answer this ques- tion, I will first analyse the ECHR jurisprudence on detention and how the Court defines this concept. I will then describe the case Khlaifia and others v. Italy and explain why the ECtHR condemned Italy in that case. Thirdly, I will evaluate if violation of Article 5 ECHR in hotspots takes place systematically. If it does, I will explain the reasons allowing violation to be systematic. The paper will focus on the example of the hotspot of Lampedusa.