ECtHR, XX v. Italy, No. 246/07, 2009
TopicsMembership in a terrorist organisation
Legal basesEuropean Convention on Human Rights
CourtsEuropean Court of Human Rights (ECtHR)
LawsRight to a fair trial Security and public order Torture, degrading and inhuman and treatment
The applicant was convicted of assault and was to be expelled from Italy after serving his sentence. In the meantime, Tunisian courts sentenced him to ten years’ imprisonment for membership of a terrorist organisation. In March 2007, under Rule 39 of the Rules of the Court, the Court had indicated to the Italian Government that it was desirable to delay the implementation of the deportation order. Nonetheless, the applicant was deported to Tunisia in June 2008.
Rule 39 of the Rules of the ECtHR; Article 3 of the ECHR; Article 34 of the ECHR (regarding Italy’s failure to comply with measure indicated under Rule 39 of the Rules of the Court)
International reports mentioned numerous and regular cases of torture and ill-treatment meted out in Tunisia to persons suspected or found guilty of terrorism. The Court held that the enforcement of the order deporting the applicant to Tunisia had violated Article 3 of the Convention. It further found a violation of Article 34 of the Convention regarding Italy’s failure to comply with the measure indicated under Rule 39 of the Rules of the Court.