Information Note on the Court’s case-law 47

November 2002

Sulejmanovic and Others v. Italy - 57575/00 and 57574/00

Judgment 8.11.2002 [Section I]

Article 3

Expulsion

Expulsion to Bosnia-Herzegovina: friendly settlement

Fleeing the war in Yugoslavia, the applicant found refuge in a nomads' camp hear Rome. As aliens without residents' permits and subject to an expulsion order, they were returned to Sarajevo wit h a laisser-passer issued by the Consul of Bosnia-Herzegovina.

The parties have reached a friendly settlement, under which, at point I, the Government express the following positions: the Minister of the Interior undertakes:

-to cancel the expulsion orders ;

-to allow the applicants and their respective households to return to Italy, in agreement with the Ministry of Foreign Affairs, at the Government's expense ... Their return to Italy will take place, within the meaning of Article 39 of the Convention, whe n the Court has recognised the agreement and when it has been formally accepted by the parties, which entails their abandoning the proceedings pending; in any event, they are to return before 31 October 2002, unless unforeseeable events which cannot be att ributed to the parties' intention should occur. The applicants or the members of their households, designated below, who do not return to Italy within sixty days following the above period will lose the benefits negotiated and will be entitled only to comp ensation determined according to the list at point II of the agreement:

-to issue a humanitarian resident's permit, entitling the holder to work and to attend educational institutions, which will be valid for one year and be renewable upon expiry, in the a bsence of obstacles relating to criminal law on immigration;

-to make representations to the city authorities in Rome to find temporary accommodation for the applicants, following their return to Italy, pending a definitive solution in an equipped camp, an d to keep the parties informed of developments in that regard;

-to make representations to the competent authorities to enable the children of school age to attend school and catch up on the schooling they missed following their expulsion to Bosnia;

- to make representations to the competent authorities so that Alisa Sulejmanovic can receive the necessary medical care from the national health service at a public establishment.

Point II of the settlement provides that fifteen applicants are to receive th e sum of €7,746.90 and the sixteenth the sum of €45,090.10 (and their lawyer €2,656.3).

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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