Information Note on the Court’s case-law 42

May 2002

Sulejmanovic and Sultanovic v. Italy (dec.) - 57574/00

Decision 14.3.2002 [Section I]

Article 3

Expulsion

Expulsion of Roma gypsies and their minor children to Bosnia-Herzegovina, where they claim they will be exposed to a risk of persecution: admissible

Article 8

Article 8-1

Respect for family life

Deportation of married illegal immigrants with their children , while adult relatives remained in the deporting country: inadmissible

Article 13

National authority

Deportation on the day of notification of the expulsion order: admissible

Article 4 of Protocol No. 4

Prohibition of collective expulsion of aliens

Simultaneous deportation of 56 gypsies refugees living in a camp for nomads: admissible

Article 1 of Protocol No. 7

Article 1 para. 1 of Protocol No. 7

Lawfully resident

Expulsion of illegal immigrants with no valid residence permit: inadmissible

The applicants are four nationals of former Yugoslavia, of gypsy origin, born in Bosnia and Herzegovina. The first two applicants are a married couple who have minor children, one of whom is trisomic, suffers from a heart condition and is in a poor state o f health. The third applicant is their son, who is the fourth applicant’s spouse. Having fled the war in former Yugoslavia, the applicants found shelter at a travellers’ camp known as Camp Casilino 700, located in the municipality of Rome. Their presence t here was registered by the Italian authorities. Having been granted a residence permit for humanitarian reasons, a permit valid until May 1995, the applicant was the object of an expulsion order in 1997, under which he was told to leave Italian territory w ithin a fortnight. The appeals he lodged have not reached final decision. In 1999, the fourth applicant was the object of an expulsion order, under which she was also told to leave Italian territory within a fortnight. Her appeal against this measure was d ismissed. On 3 March 2000 the applicants were sent back to Bosnia and Herzegovina. An expulsion order coupled with an order for their immediate escorting to the border had been served on each of them on the same day, on the grounds that they were present i n Italy unlawfully, had declared themselves to be of no fixed abode and held no valid identity document, and that there were objective reasons to fear that they might evade the order to leave Italian territory. The expulsion orders mentioned that it would be possible for the applicants to lodge an appeal to a court within 30 days, and specified that such an appeal could also be lodged from their destination state, through the intermediary of the diplomatic and consular authorities. The applicants were taken to the airport with their minor children to catch a flight for Sarajevo. The removal of the gypsies concerned 20 travellers from Camp Casilino 700 and another 36 from Camp Tor de’ Cenci. The applicants claim to have been attacked by other Roma after they had been sent back to Bosnia and Herzegovina.

Admissible under Articles 3 and 13 and Article 4 of Protocol No. 4 in combination with Article 14.

Inadmissible under Article 8 and Article 1 of Protocol No. 7.

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

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