CASES No. 18

1108th meeting – 10 March 2011

- 2 cases against Italy

246/07 BEN KHEMAIS, judgment of 24/02/2009, final on 06/07/2009

50163/08 TRABELSI, judgment of 13/04/2010, final on 13/07/2010

Interim Resolution CM/ResDH(2010)83

Decision

The Deputies,

1. recalled that, according to the Court’s well-established case-law, Article 34 of the Convention entails an obligation on states to comply with interim measures indicated pursuant to Rule 39 of the Rules of the Court since the Grand Chamber’s judgment of 4 February 2005 in the case of Mamatkulov and Askarov against Turkey;

2. stressed again the fundamental importance of complying with interim measures indicated by the Court;

3. invited the Italian authorities to provide, to the maximum extent possible, information on the applicants’ current situation in Tunisia;

4. reiterated their request to the Italian authorities to provide examples demonstrating that interim measures issued by the European Court are respected in practice, in particular when Justices of the Peace are required to validate expulsions ordered by the Ministry of Interior and Prefects, as well as to provide information on the feedback requested from courts of appeal by the Ministry of Justice on the implementation of the requirements of the Convention and on measures envisaged to create a mechanism to ensure that all relevant authorities are rapidly informed when an interim measure is indicated by the European Court.



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