ECtHR, XX and XX v. Italy, No. 44883/09, 2016
- 2016
- Italy
Topics
Membership in a terrorist organisationLegal bases
European Convention on Human RightsCourts
European Court of Human Rights (ECtHR)Laws
Right to Liberty Torture, degrading and inhuman and treatment Right to respect for private and family lifeFacts
The two applicants are Egyptian nationals. Mr. XX was a member of an Islamist movement regarded by the Egyptian government as a terrorist organisation and had lived in Italy since 1998. He obtained political asylum in 2001 and was married to the second applicant, Ms XX. Mr XX was suspected of conspiracy to commit an international terrorist act. In 2013, the Milan District Court convicted him of membership of a terrorist organisation. In 2003, the applicant was abducted and taken to the Aviano air base operated by the United States Air Forces in Europe, from where he was flown to Egypt. His detention in Egypt was kept secret until 2004. He was regularly subjected to interrogation sessions during which he was ill-treated and tortured. He was released in 2004 after providing information and on condition that he did not leave Alexandria and remained silent about his experience in prison. Subsequently, he submitted a statement to the Milan public prosecutor’s office in which he described his abduction and torture. He was then rearrested and detained until 2007 when he was released on the condition of not leaving Egypt. Before the ECtHR, Mr XX complained of his abduction, in which the Italian authorities have been involved, of the ill-treatment to which he had been subjected during his transfer and detention, of the fact that those responsible had been granted impunity owing to the application of State secrecy, and of the fact that the sentenced imposed on the convicted US nationals had not been enforced because of the refusal of the Italian authorities to request their extradition. Both applicants complained a breach of their right to respect for private and family life in that Mr XX’s abduction and detention had resulted in their forced separation for over five years.
Legal grounds
Article 3 of the ECHR; Article 5 of the ECHR; Article 8 of the ECHR.
Findings
The Court held that there had been a violation of Article 3, Article 5 and Article 8. Having regard to all the evidence in the case, the Court found that the Italian authorities were aware that the first applicant had been a victim of an extraordinary rendition operation which had begun with his abduction in Italy and had continued with his transfer abroad. The Court held that the legitimate principle of ‘State secrecy’ had clearly been applied by the Italian executive in order to ensure that those responsible did not have to answer for their actions. The investigation and trial had not led to the punishment of those responsible, who had therefore ultimately been granted impunity.