1. Bearbeitung
2. Abruf & Rang
3. Zitiert durch:
4. Zitiert selbst:
5. Besprechungen:
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6. Zitiert in Literatur:
7. Markierte Gliederung:
I. The Circumstances of the Case
A. The criminal proceedings against the applicant in Italy and Tunisia
B. The order for the applicant's deportation and his appeals against its enforcement and for the issue of a residence permit and/or the granting of refugee status
C. The diplomatic assurances requested by Italy from Tunisia
D. The applicant's family situation
II. Relevant domestic Law
A. Remedies against a deportation order in Italy
B. Reopening of a trial conducted in the defendant's absence in Tunisia
III. International Texts and Documents
A. The cooperation agreement on crime prevention signed by Italy and Tunisia and the association agreement between Tunisia, the European Union and its member States
B. Articles 1, 32 and 33 of the 1951 United Nations Convention relating to the Status of Refugees
C. Guidelines of the Committee of Ministers of the Council of Europe
D. Amnesty International report on Tunisia
E. Report on Tunisia by Human Rights Watch
F. Activities of the International Committee of the Red Cross
G. Report of the US State Department on human rights in Tunisia
H. Other sources
I. Alleged Violation of Article 3 of the Convention
A. Admissibility
B. Merits
1. Arguments of the parties ...
(a) The applicant ...
(b) The Government ...
2. The third-party intervener ...
3. The Court's assessment ...
(a) General principles ...
i. Responsibility of Contracting States in the event of expulsion ...
ii. Material used to assess the risk of exposure to treatment con ...
iii. The concepts of "torture" and "inhuman or degrading treatmen ...
(b) Application of the above principles to the present case ...
II. Alleged Violation of Article 6 of the Convention
A. Admissibility
B. Merits
1. Arguments of the parties ...
(a) The applicant ...
(b) The Government ...
2. The Court's assessment ...
III. Alleged Violation of Article 8 Alleged Violation of Article 8 of the Convention
A. Admissibility
B. Merits
1. Arguments of the parties ...
(a) The applicant ...
(b) The Government ...
2. The Court's assessment ...
IV. Alleged Violation of Article 1 of Protocol No. 7
A. Admissibility
B. Merits
1. Arguments of the parties ...
(a) The applicant ...
(b) The Government ...
2. The Court's assessment ...
V. Application of Article 41 of the Convention
A. Damage
B. Costs and expenses
C. Default interest
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