CEDH · PRESS;FORTHCOMINGJUDGMENTS;ENG — 19 février 2008

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .s29100277 { font-family:Arial; font-weight:bold } .s40F41F73 { margin-top:0pt; margin-bottom:0pt; text-align:right } .s32563E28 { margin-top:0pt; margin-bottom:0pt } .sBB9EE52A { font-family:Arial } .s4DDA3AA3 { font-family:Arial; font-weight:bold; font-style:italic } .sADADF4A7 { font-family:Arial; text-decoration:underline } .s7ED160F0 { text-decoration:none } .s653E6C45 { font-family:Arial; font-size:6.67pt; vertical-align:super; color:#0069d6 } .sCB9E0544 { margin-top:0pt; margin-bottom:0pt; text-align:left } .sC7EAD8B { font-family:Arial; font-weight:bold; text-decoration:underline } .sA36B60A1 { font-family:Arial; font-style:italic } .sF6A12959 { width:33%; height:1px; text-align:left } .s2EB42ED2 { margin-top:0pt; margin-bottom:0pt; font-size:10pt } EUROPEAN COURT OF HUMAN RIGHTS   121 19.2.2008   Press release issued by the Registrar   FORTHCOMING GRAND CHAMBER JUDGMENT   28 February 2008   The European Court of Human Rights will be holding a public hearing in the Human Rights Building, Strasbourg, on Thursday 28 February 2008 at 9.30 a.m. (local time) to deliver its Grand Chamber judgment in the case of Saadi v. Italy (application no. 37201/06)   The press release and the text of the judgment will be available after the hearing on the Court’s Internet site ( http://www.echr.coe.int ).     Saadi v. Italy The case concerns an application brought by a Tunisian national, Nassim Saadi, who was born in 1974 and lives in Milan (Italy). He is the father of an eight-year-old child whose mother is an Italian national.   The application concerns the possible deportation of the applicant to Tunisia, where he claims to have been sentenced in 2005, in his absence, to 20 years’ imprisonment for membership of a terrorist organisation acting abroad in peacetime and for incitement to terrorism.   In December 2001 the applicant was issued with an Italian residence permit, valid until October 2002, “for family reasons”.   In October 2002 Mr Saadi, who was suspected, among other things, of international terrorism, was arrested and placed in pre-trial detention. He was accused of conspiracy to commit acts of violence (including attacks with explosive devices) in States other than Italy with the intention of arousing widespread terror; he was also accused of falsifying documents and receiving stolen goods.   According to the applicant, on 9   May 2005 Milan Assize Court reclassified the offence of international terrorism, amending it to criminal conspiracy. It found Mr   Saadi guilty of that offence and of forgery and receiving, and sentenced him to four years and six months’ imprisonment. It acquitted the applicant of aiding and abetting clandestine immigration. Both the prosecution and the applicant appealed. The proceedings are currently pending before the Italian courts.   On 11   May 2005 a military court in Tunis sentenced the applicant in his absence to 20 years’ imprisonment for membership of a terrorist organisation acting abroad in peacetime and for incitement to terrorism.   Mr   Saadi was released on 4   August 2006. On 8   August 2006, however, the Minister of the Interior ordered him to be deported to Tunisia, applying the provisions of the Law of 27   July 2005 on “urgent measures to combat international terrorism”. The Minister observed that “it was apparent from the documents in the file” that the applicant had played an “active role” in an organisation responsible for providing logistical and financial support to persons belonging to fundamentalist Islamist cells in Italy and abroad. The applicant was therefore placed in the Milan temporary holding centre pending his deportation.   Mr   Saadi made a request for political asylum which was rejected on 14   September 2006. On the same day he lodged an application with the European Court of Human Rights. Under Rule   39 of the Rules of Court (interim measures), the Court asked the Italian Government to stay the applicant’s expulsion until further notice.   The maximum time allowed for the applicant’s detention with a view to expulsion expired on 7   October 2006 and he was released on that date. However, on 6   October 2006 a new deportation order had been issued against him, this time to France (the country from which he had arrived in Italy), with the result that he was immediately taken back to the Milan temporary holding centre. The applicant applied for a residence permit and requested refugee status, without success.   On 3   November 2006 the applicant was released, as fresh information made it clear that it would not be possible to deport him to France.   On 29   May 2007 the Italian embassy in Tunis asked the Tunisian Government to provide a copy of the alleged judgment convicting the applicant in Tunisia, as well as diplomatic assurances that, if the applicant were to be deported to Tunisia, he would not be subjected to treatment contrary to Article   3 (prohibition of torture and inhuman or degrading treatment) of the European Convention on Human Rights, that he would have the right to have the proceedings reopened and that he would receive a fair trial.   The applicant alleges that enforcement of his deportation to Tunisia would expose him to the risk of being subjected to torture or inhuman and degrading treatment contrary to Article   3 of the Convention. Relying on Article   6 (right to a fair trial), he complains that the proceedings in Tunisia were unfair, as he was tried in his absence and by a military court. Under Article   8 (right to respect for private and family life), he alleges that his deportation to Tunisia would deprive his partner and his son of his presence and support. Lastly, relying on Article   1 of Protocol No.   7 (procedural safeguards relating to expulsion of aliens), he complains that his expulsion is neither necessary to protect public order nor grounded on reasons of national security.   The application was lodged with the European Court of Human Rights on 14   September 2006. On 29   March 2007 the Chamber to which the case had been allocated relinquished jurisdiction in favour of the Grand Chamber, under Article   30 [1] of the Convention. A hearing took place in public in the Human Rights Building, Strasbourg, on 11   July 2007.   ***   Press contacts Emma Hellyer (telephone: 00 33 (0)3 90 21 42 15) Stéphanie Klein (telephone: 00 33 (0)3 88 41 21 54) Tracey Turner-Tretz (telephone: 00 33 (0)3 88 41 35 30) Paramy Chanthalangsy (telephone: 00 33 (0)3 90 21 54 91) Sania Ivedi (telephone: 00 33 (0)3 90 21 59 45)   The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights. [1] Where a case pending before a Chamber raises a serious question affecting the interpretation of the Convention or the protocols thereto, or where the resolution of a question before the Chamber might have a result inconsistent with a judgment previously delivered by the Court, the Chamber may, at any time before it has rendered its judgment, relinquish jurisdiction in favour of the Grand Chamber, unless one of the parties to the case objects.