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International Journal of Refugee Law Advance Access originally published online on June 11, 2008
International Journal of Refugee Law 2008 20(2):314-363; doi:10.1093/ijrl/een019
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© The Author (2008). Published by Oxford University Press. All rights reserved. For Permissions please email: journals.permissions@oxfordjournals.org.

Case Law

Case of Saadi v. Italy

Grand Chamber

The first 150 words of the full text of this article appear below.

(Application no. 37201/06)

JUDGMENT, STRASBOURG, 28 February 2008

This judgment is final but may be subject to editorial revision

In the case of Saadi v. Italy,

The European Court of Human Rights, sitting as a Grand Chamber composed of:

Jean-Paul Costa, President,

Christos Rozakis, Nicolas Bratza, Formula , Peer Lorenzen, Françoise Tulkens, Loukis Loucaides, Corneliu Bîrsan, Nina Vajic, Vladimiro Zagrebelsky, Alvina Gyulumyan, Khanlar Hajiyev, Dean Spielmann, Egbert Myjer, Sverre Erik Jebens, Ineta Ziemele, Isabelle Berro-Lefèvre, judges,

and V. Berger, Jurisconsult,

Having deliberated in private on 11 July 2007 and 23 January 2008,

Delivers the following judgment, which was adopted on the last-mentioned date:


   PROCEDURE
 

1. The case originated in an application (no. 37201/06) against the Italian Republic lodged with the Court under Article 34 of the Convention for the Protection of Human Rights and Fundamental Freedoms ("the Convention") by a Tunisian national, Mr Nassim Saadi ("the applicant"), . . . [Full Text of this Article]


   THE FACTS
 
I. THE CIRCUMSTANCES OF THE CASE
A. The criminal proceedings against the applicant in Italy and Tunisia
B. The order for the applicant's deportation and his appeals against its enforcement and for the issue of a residence permit and/or the granting of refugee status
C. The diplomatic assurances requested by Italy from Tunisia
D. The applicant's family situation
II. RELEVANT DOMESTIC LAW
A. Remedies against a deportation order in Italy
B. Reopening of a trial conducted in the defendant's absence in Tunisia
III. INTERNATIONAL TEXTS AND DOCUMENTS
A. The cooperation agreement on crime prevention signed by Italy and Tunisia and the association agreement between Tunisia, the European Union and its member States
B. Articles 1, 32 and 33 of the 1951 United Nations Convention relating to the Status of Refugees
C. Guidelines of the Committee of Ministers of the Council of Europe
D. Amnesty International report on Tunisia
E. Report on Tunisia by Human Rights Watch
F. Activities of the International Committee of the Red Cross
G. Report of the US State Department on human rights in Tunisia
H. Other sources

   THE LAW
 
I. ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
A. Admissibility
B. Merits
II. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
A. Admissibility
B. Merits
III. ALLEGED VIOLATION OF ARTICLE 8 OF THE CONVENTION
A. Admissibility
B. Merits
IV. ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL No. 7
A. Admissibility
B. Merits
V. APPLICATION OF ARTICLE 41 OF THE CONVENTION
A. Damage
B. Costs and expenses
C. Default interest

   FOR THESE REASONS, THE COURT UNANIMOUSLY
 

   CONCURRING OPINION OF JUDGE ZUPANCIC
 

   CONCURRING OPINION OF JUDGE MYJER, JOINED BY JUDGE ZAGREBELSKY
 

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