Interim Resolution CM/ResDH(2010)83

Execution of the judgments of the European Court of Human Rights

Ben Khemais against Italy

(Application No. 246/07, judgment of 24 February 2009, final on 6 July 2009)

(Adopted by the Committee of Ministers on 3 June 2010
at the 1086th meeting of the Ministers’ Deputies)

The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);

Having regard to the judgment of the Court which was transmitted to the Committee once it had become final;

Recalling that the applicant in the present case was expelled to Tunisia on 2 June 2008 despite the Court’s interim measure under Rule 39 of the Rules of the Court requiring the Italian authorities not to do so until further notice;

Noting that the Court consequently found that the applicant’s expulsion amounted to violations of Article 3 and of Article 34 of the Convention;

Recalling that, in the context of the examination of the present case, the Committee noted, at its 1078th meeting (March 2010), that the Italian authorities were fully committed to complying with the interim measures indicated by the Court under Rule 39;

Deploring that, despite this commitment, the Italian authorities expelled another applicant, Mr. Mannai, to Tunisia on 1 May 2010 in breach of an interim measure indicated on 19 February 2010 by the Court requiring the Italian authorities not to do so until further notice;

Noting with concern that in at least two other cases the Italian authorities have expelled applicants to Tunisia although the Court had previously indicated not to do so under Rule 391;

Recalling firmly that, according to the Court’s well-established case-law, Article 34 of the Convention entails an obligation 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,

Stressing once again the fundamental importance of complying with interim measures indicated by the Court under Rule 39 of the Rules of Court;

Expressing confidence however that the Italian authorities will finally take the necessary measures to ensure that interim measures indicated by the Court are strictly complied with, to prevent similar violations in the future;

    FIRMLY RECALLS the obligation of the Italian authorities to respect interim measures indicated by the Court;

    URGES the Italian authorities to take all necessary steps to adopt sufficient and effective measures to prevent similar violations in the future;

    DECIDES to examine the implementation of this judgment at each human rights meeting until the necessary urgent measures are adopted.

1 The applicants in the cases of Ali Toumi and Trabelsi were expelled on 2 August 2009 and 13 December 2008 respectively. The Court rendered a judgment in the latter case finding again violations of Articles 3 and 34 of the Convention (judgment of 13 April 2010 – not final yet).



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