Information Note on the Court’s case-law 42

May 2002

Sejdovic and Sulejmanovic v. Italy (dec.) - 57575/00

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

Effective remedy

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 nationals of former Yugoslavia, of gypsy origin. They are married and have two minor children. They were registered by the Italian authorities as travellers living at Camp Casilino 700, which is located in the municipality of Rome.  In N ovember 1996, an expulsion order was served on Mr Sulejmanovic instructing him to leave Italian territory within a fortnight on the grounds that he was present unlawfully. The same happened to Ms Sejdovic in August 1999. Her appeal was dismissed. On 3 Marc h 2000, the applicants were sent back to Bosnia and Herzegovina. An expulsion order coupled with an order for his immediate escorting to the border had been served on Mr Sulejmanovic on the same day, on the grounds that he was unlawfully present in Italy, had declared himself to be of no fixed abode and held no valid identity document, and that there were objective reasons to fear that he might evade the order to leave Italian territory. The expulsion order mentioned that it would be possible for the applic ant to lodge an appeal to a court within 30 days, and specified that such an appeal could also be lodged from the destination state through the intermediary of the diplomatic and consular authorities. Ms Sejdovic was removed in implementation of the expuls ion order served on her in August 1999. The applicants were taken to the airport with their minor children to catch a flight to Sarajevo. The removal of the gypsies concerned 20 travellers from Camp Casilino 700 and another 36 from Camp Tor de’ Cenci. The applicants claim that, since their return to Bosnia and Herzegovina, they have been living in poverty and have been attacked by Roma.

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

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

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

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