An international terrorism convict, deported to Tunisia after early release from prison, brings a Rule 39 complaint against Italy before European Court of Human Rights judges next week.
Toumi v. Italy (no. 25716/09)
The applicant, Ali Ben Sassi Toumi, is a Tunisian national who was born in 1965 and lives in Benevento (Italy). He is married to an Italian national and has three children. He was sentenced in 2007 to six years in prison for international terrorism and was granted early release on 18 May 2009. His removal to Tunisia was ordered that very day.
At the applicant’s request the European Court of Human Rights, under Rule 39 of the Rules of Court, indicated to the Italian Government that they should not remove him until further notice, in the interest of the parties and the conduct of the proceedings.
On 20 May, when the applicant had been taken to the Crotone detention centre with a view to his removal and the Registry of the European Court of Human Rights had intervened, the Justice of the Peace of Crotone ordered a 30 day stay of execution of the removal order. In spite of a second intervention by the Registry, the removal order was executed on 2 August 2009, after the Italian authorities had obtained diplomatic assurances from Tunisia: respect for the applicant’s dignity, guarantee of a fair trial and of the right to receive visits and medical treatment.
The applicant claims that he was arrested on his arrival in Tunisia, tortured during his detention, and released on an undertaking to remain silent, and that he has continually been threatened by the police. Relying on Articles 3 (prohibition of inhuman or degrading treatment), 8 (right to respect for private and family life and the home) and 34 (right of individual application), the applicant complains about his removal to Tunisia and about the Italian Government’s failure to comply with the interim measure indicated by the European Court of Human Rights.