ECtHR, XX vs. Italy, No. 9961/10, 2012
- 2012
- Italy
Topics
Islamic extremism Public securityLegal bases
European Convention on Human Rights Rule 39 (interim measures) of the Rules of Court (ECtHR)Courts
European Court of Human Rights (ECtHR)Laws
Torture, degrading and inhuman and treatment Right of individual petitionFacts
The applicant, XX, is a Tunisian national who was born in 1978 and lives in Tunisia. In May 2005 the Italian authorities issued a warrant for his arrest on suspicion of his involvement in a criminal conspiracy linked to fundamentalist Islamist groups. On 20 May 2005 he was arrested in Austria and two months later was extradited to Italy. After being found guilty he was sentenced on 5 October 2006 to five years and four months’ imprisonment. The sentencing decision specified that he was to be deported after serving his sentence, in accordance with Article 235 of the Criminal Code. Mr XX was imprisoned in Benevento Prison. On 19 February 2010, at Mr XX’s request, the President of the Second Section of the Court decided to indicate to the Italian Government, under Rule 39 of the Rules of Court, that Mr XX should not be deported to Tunisia until further notice. The Court drew the Italian Government’s attention to the fact that failure to comply with a measure indicated under Rule 39 could give rise to a violation of Article 34 of the Convention (right of individual petition). After being granted a remission, Mr XX finished serving his prison sentence on 10 February 2010. The same day the Benevento prefect issued an order for his deportation. The Rome Justice of the Peace authorized Mr XX’s deportation to Austria, where he had been living before being extradited to Italy. The Austrian authorities refused to receive him, arguing that he had no ties with that country. The Justice of the Peace issued a fresh decision specifying that the deportation order was also valid for Tunisia. On 23 April 2010 Mr XX made an application to the Benevento Justice of the Peace, alleging that the order for his deportation was unlawful and requesting a stay of execution. He was deported to Tunisia on 1 May 2010. In reply to the Court, the Italian Government stated that the applicant had been deported because he represented a threat to State security.
Legal grounds
Rule 39 of the Rules of the Court; Article 3 of the ECHR; Article 34 of the ECHR.
Findings
The Court pointed out that the relevant international materials had documented numerous and regular cases of torture and ill-treatment of persons found guilty of or suspected of terrorist offences, and that the reports by the International Committee of the Red Cross on its visits to Tunisian places of detention spoke of a risk of treatment contrary to Article 3 of the Convention. The Court accordingly considered that substantial grounds had been shown for concluding that Mr XX faced a real risk of being subjected to treatment contrary to Article 3 following his deportation to Tunisia. The enforcement of the order for his deportation to Tunisia had therefore breached Article 3. The fact that Mr XX had been removed from the jurisdiction of the Italian courts constituted a serious obstacle liable to prevent the Government from discharging its obligations and protecting Mr XX’s rights and from remedying the consequences of the violations found by the Court. The Court held that, by failing to comply with the interim measure indicated, Italy had been in breach of its obligations under Article 34.