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Country of Applicant: Tunisia
Keywords: Assessment of facts and circumstances, Effective remedy (right to), Non-refoulement, Real risk, Return, Torture, Well-founded fear
The applicant, a Tunisian national, having served a sentence in Italy on the charge, among others, of criminal conspiracy, faced deportation from Italy to Tunisia, where he risked ill-treatment.
The Court found that the deportation of the applicant to Tunisia would constitute a violation of Article 3 ECHR. The absolute nature of Article 3 meant that the conduct of the applicant was irrelevant for the purposes of Article 3.
Date: 28-02-2008
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