issued by the Registrar of the Court
ECHR 006 (2020)
09.01.2020
Judgments and decisions of 9 January 2020
The European Court of Human Rights has today notified in writing seven judgments1 and 20
decisions2:
one Chamber judgment is summarised below;
a separate press release has been issued for one decision, in the case of B.L. and Others v. France
(application no. 48104/14);
six Committee judgments, concerning issues which have already been submitted to the Court, and
The judgment below is available only in French.
Jeddi v. Italy (application no. 42086/14)
The applicant, Sami Jeddi, is a Tunisian national, who was born in 1983 and lives in Castel Volturno
(Italy).
The case concerned the applicant’s appeal against his placement in the Milan Identification and
Expulsion Centre with a view to his removal, despite a court ruling requiring the authorities to grant
him a residence permit on humanitarian grounds.
In April 2011 Mr Jeddi was arrested by Italian police on the island of Lampedusa where he had come
ashore illegally and without identity documents.
On 21 April 2011 the police authorities issued him with a removal order and, pending its execution,
he was placed in the Identification and Expulsion Centre in Santa Maria Capua Vetere; he submitted
an application for international protection while he was there. On 31 May 2011 the Territorial
Commission for the Recognition of International Protection rejected his request. Mr Jeddi challenged
this decision before the Naples District Court. In a judgment of 16 November 2011 the court held
that the grounds for seeking asylum or subsidiary protection were not sufficient. However, the court
took the view – on the basis of a decree of the President of the Council of Ministers of 6 October
2011 – that the applicant was entitled to a residence permit on humanitarian grounds until
31 December 2012.
On 24 December 2011 Mr Jeddi arrived in Switzerland where he submitted an asylum application.
On 19 October 2012 the Swiss authorities sent him back to Italy in accordance with the “Dublin
Regulation”. Upon his arrival at Milan airport, he was taken to the border police and on the same
day the Prefect of Varese notified him of a removal order against him. Pursuant to this order, he was
taken to the Identification and Expulsion Centre in Milan pending his removal.
On 22 October 2012 the Milan Justice of the Peace, after hearing the applicant, who was assisted by
an interpreter and a court-appointed lawyer, endorsed the detention measure.
1
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a
panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and
deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the
Convention, judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
2
Inadmissibility and strike-out decisions are final.
