Application No. 33999/96
by Mohamed BADAWI and Tareq AL NAZIR
against Italy
The European Commission of Human Rights sitting in private on
30 June 1997, the following members being present:
Mr. S. TRECHSEL, President
Mrs. G.H. THUNE
Mrs. J. LIDDY
MM. E. BUSUTTIL
G. JÖRUNDSSON
A.S. GÖZÜBÜYÜK
A. WEITZEL
J.-C. SOYER
H. DANELIUS
F. MARTINEZ
C.L. ROZAKIS
L. LOUCAIDES
J.-C. GEUS
M.P. PELLONPÄÄ
M.A. NOWICKI
I. CABRAL BARRETO
B. CONFORTI
N. BRATZA
I. BÉKÉS
J. MUCHA
D. SVÁBY
G. RESS
A. PERENIC
C. BÎRSAN
P. LORENZEN
K. HERNDL
E. BIELIUNAS
E.A. ALKEMA
M. VILA AMIGÓ
Mrs. M. HION
MM. R. NICOLINI
A. ARABADJIEV
Mr. H.C. KRÜGER, Secretary to the Commission
Having regard to Article 25 of the Convention for the Protection
of Human Rights and Fundamental Freedoms;
Having regard to the application introduced on 28 November 1996
by Mohamed BADAWI and Tareq AL NAZIR against Italy and registered on
28 November 1996 under file No. 33999/96 ;
Having regard to the report provided for in Rule 47 of the Rules
of Procedure of the Commission;
Having deliberated;
Decides as follows:
THE FACTS
The applicants are nationals of the Sudan, where they were both
practising lawyers. Before the Commission, they were represented by Ms
Nuala Mole of the Aire Centre of London.
The applicants are registered active members of the Democratic
Unionist Party (D.U.P.) of the Sudan, whose political activities have
been banned by the regime.
The first applicant alleges that he was arrested in the Sudan by
the Sudanese Secret Police on 1 November 1994 and was taken to a prison
for about seven months until he was released on 5 May 1995. After being
released, he continued his activities with the D.U.P. and as a result
he was arrested again on the night of 21 October 1995 and taken to a
special prison, where he remained until 6 April 1996. As a result of
resuming his political activity, he was once more arrested and later
released. At no time were any charges brought against him nor was any
due process of law applied.
The applicants arrived in Italy on 3 October 1996 and in the
United Kingdom on 7 October 1996, and made an asylum application in the
latter country; the Secretary of State for the Home Office refused
their applications and decided to send them back to Italy on the ground
that the latter can be considered as a safe third country. On 10
October 1996 the applicants were granted legal aid to appeal to a
Special Adjudicator. The relevant proceedings are currently pending.
The first applicant was sent back to Italy (Rome) on 5 November
1996 and did not make any application for asylum there.
On 15 November 1996 he was stopped by the Rome police and it was
found that his documents were not in order. By a decree issued by the
Prefect of the Province of Rome on the same day, his expulsion from
Italy was ordered.
The Rome police were charged to carry out the expulsion order by
summoning the applicant to leave the Italian territory crossing the
border at Rome Fiumicino within fifteen days of the date of service or
of full understanding of the decree. The applicant was notified of the
expulsion order and of a translation into English thereof on 15
November 1996.
The applicant was then allegedly detained awaiting expulsion to
be carried out on 29 November 1996. He was later released.
There is no document concerning the second applicant, who was
allegedly stopped by the Italian police in Naples, notified of the
expulsion order and subsequently detained awaiting expulsion.
COMPLAINTS
The applicants complained under Article 3 of the Convention about
their imminent expulsion from Italy ; they alleged that they risk
torture and inhuman and degrading treatment in the Sudan as they have
been politically active against the Sudanese Government. They also
complained under Article 13 of the Convention that they do not have any
effective remedy at their disposal.
PROCEEDINGS BEFORE THE COMMISSION
On 28 November 1996 the applicants requested the Commission to
apply Rule 36 of the Commission's Rules of Procedure. However, they
could not submit any document supporting their allegations.
On the same day the President of the Commission decided to apply
Rule 36 of the Commission's Rules of Procedure until the end of the
Commission's session, in order to give the applicants the possibility
of providing the necessary documents. The application was registered
under No. 33999/96.
On 2 December 1996 the Italian Government gave the Secretariat
of the Commission an undertaking not to deport the applicants pending
the Commission's decision.
On 6 December 1996 the Commission decided not to prolong the
application of Rule 36.
By a telefax of the same day, the applicants' representative
withdrew from this case on the ground that she had lost contact with
her clients.
REASONS FOR THE DECISION
The Commission recalls that the applicants, after the
Commission's decision not to prolong the application of Rule 36 in the
present case, have lost contact with their representative, who has
therefore withdrawn from the case. Nor have the applicants thereafter
contacted the Commission directly.
In these circumstances, the Commission finds that, having regard
to Article 30 para. 1 (a) of the Convention, the applicants have lost
interest in their application and no longer intend to pursue it before
the Commission. Furthermore, in accordance with Article 30 para. 1 in
fine, the Commission finds no special circumstances regarding respect
for human rights as defined in the Convention which require the
continuation of the examination of the present application.
For these reasons, the Commission, unanimously,
DECIDES TO STRIKE THE APPLICATION OUT OF ITS LIST OF CASES.
H.C. KRÜGER S. TRECHSEL
Secretary President
to the Commission of the Commission
Full & Egal Universal Law Academy