003-6603183-8756232
WyrokETPCz2020-01-09
Analiza orzeczenia
Sekcja wygenerowana przez AI na podstawie treści orzeczenia — nie stanowi cytatu.
Zagadnienie prawne
Czy 14-dniowe zatrzymanie skarżącego w ośrodku detencyjnym, pomimo posiadania decyzji sądu krajowego przyznającej mu zezwolenie na pobyt ze względów humanitarnych, stanowiło naruszenie prawa do wolności i bezpieczeństwa z art. 5 ust. 1 Konwencji?Stan faktyczny
Skarżący, Sami Jeddi, obywatel Tunezji, nielegalnie przybył do Włoch w kwietniu 2011 r. Po zatrzymaniu i złożeniu wniosku o ochronę międzynarodową, sąd w Neapolu w listopadzie 2011 r. orzekł, że choć nie kwalifikuje się do azylu, to przysługuje mu zezwolenie na pobyt ze względów humanitarnych do końca 2012 r. Po powrocie ze Szwajcarii w październiku 2012 r., został ponownie zatrzymany i umieszczony w ośrodku detencyjnym w Mediolanie na 14 dni, pomimo wcześniejszej decyzji sądu.Rozstrzygnięcie
Trybunał stwierdził brak naruszenia art. 5 ust. 1 Konwencji.Pełny tekst orzeczenia
issued by the Registrar of the Court
ECHR 006 (2020)
09.01.2020
Judgments and decisions of 9 January 2020
The European Court of Human Rights has today notified in writing seven judgments1 and 20
decisions2:
one Chamber judgment is summarised below;
a separate press release has been issued for one decision, in the case of B.L. and Others v. France
(application no. 48104/14);
six Committee judgments, concerning issues which have already been submitted to the Court, and
the other 19 decisions, can be consulted on Hudoc and do not appear in this press release.
The judgment below is available only in French.
Jeddi v. Italy (application no. 42086/14)
The applicant, Sami Jeddi, is a Tunisian national, who was born in 1983 and lives in Castel Volturno
(Italy).
The case concerned the applicant’s appeal against his placement in the Milan Identification and
Expulsion Centre with a view to his removal, despite a court ruling requiring the authorities to grant
him a residence permit on humanitarian grounds.
In April 2011 Mr Jeddi was arrested by Italian police on the island of Lampedusa where he had come
ashore illegally and without identity documents.
On 21 April 2011 the police authorities issued him with a removal order and, pending its execution,
he was placed in the Identification and Expulsion Centre in Santa Maria Capua Vetere; he submitted
an application for international protection while he was there. On 31 May 2011 the Territorial
Commission for the Recognition of International Protection rejected his request. Mr Jeddi challenged
this decision before the Naples District Court. In a judgment of 16 November 2011 the court held
that the grounds for seeking asylum or subsidiary protection were not sufficient. However, the court
took the view – on the basis of a decree of the President of the Council of Ministers of 6 October – that the applicant was entitled to a residence permit on humanitarian grounds until December 2012.
On 24 December 2011 Mr Jeddi arrived in Switzerland where he submitted an asylum application.
On 19 October 2012 the Swiss authorities sent him back to Italy in accordance with the “Dublin
Regulation”. Upon his arrival at Milan airport, he was taken to the border police and on the same
day the Prefect of Varese notified him of a removal order against him. Pursuant to this order, he was
taken to the Identification and Expulsion Centre in Milan pending his removal.
On 22 October 2012 the Milan Justice of the Peace, after hearing the applicant, who was assisted by
an interpreter and a court-appointed lawyer, endorsed the detention measure.
Under Articles 43 and 44 of the Convention, Chamber judgments are not final. During the three-month period following a Chamber
judgment’s delivery, any party may request that the case be referred to the Grand Chamber of the Court. If such a request is made, a
panel of five judges considers whether the case deserves further examination. In that event, the Grand Chamber will hear the case and
deliver a final judgment. If the referral request is refused, the Chamber judgment will become final on that day. Under Article 28 of the
Convention, judgments delivered by a Committee are final.
Once a judgment becomes final, it is transmitted to the Committee of Ministers of the Council of Europe for supervision of its execution.
Further information about the execution process can be found here: www.coe.int/t/dghl/monitoring/execution
Inadmissibility and strike-out decisions are final.
On 2 November 2012, after his lawyer had transmitted the judgment of the Naples District Court of November 2011 to the Milan police authorities, the applicant was released. Upon an appeal by
the applicant, the Justice of the Peace of Varese annulled the removal order and found that Mr Jeddi
was allowed to remain in Italy until 31 December 2012, the expiry date of his humanitarian
residence permit.
The applicant then lodged an appeal before the Court of Cassation against the decision of the Justice
of the Peace of Milan who had endorsed his placement in the detention centre. The appeal was
dismissed.
Relying in particular on Article 5 § 1 (right to liberty and security) of the European Convention on
Human Rights, the applicant claimed that his placement in the Identification and Expulsion Centre in
Milan for 14 days in spite of the judgment of the Naples District Court which had required the Italian
authorities to grant him a humanitarian residence permit had not met the requirements of the
Convention.
No violation of Article 5 § 1
This press release is a document produced by the Registry. It does not bind the Court. Decisions,
judgments and further information about the Court can be found on www.echr.coe.int. To receive
the Court’s press releases, please subscribe here: www.echr.coe.int/RSS/en or follow us on Twitter
@ECHR_Press.
Press contacts
[email protected] | tel: +33 3 90 21 42 08
Tracey Turner-Tretz (tel: + 33 3 88 41 35 30)
Denis Lambert (tel: + 33 3 90 21 41 09)
Inci Ertekin (tel: + 33 3 90 21 55 30)
Patrick Lannin (tel: + 33 3 90 21 44 18)
The European Court of Human Rights was set up in Strasbourg by the Council of Europe Member
States in 1959 to deal with alleged violations of the 1950 European Convention on Human Rights.
2
© Rada Europy / Europejski Trybunał Praw Człowieka, źródło: HUDOC (hudoc.echr.coe.int), pozyskano 15.07.2026. · Źródło