Quando la deportazione si sostituisce all'espulsione (non disposta): il caso del cittadino uzbek
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THE COURT, UNANIMOUSLY,
1. Declares the complaint under Article 3 concerning the applicant’s deportation to Iran on 12 September 2008 and the complaints under Article 5 concerning the alleged unlawfulness of his detention on 12 September 2008, the alleged failure of the authorities to inform the applicant of the reasons for his detention and the alleged lack of a remedy whereby he could challenge the lawfulness of his detention admissible;
2. Holds that there is no need to examine the admissibility or the merits of the complaint under Article 13 of the Convention concerning the applicant’s deportation to Iran on 12 September 2008;
3. Declares and the remainder of the application inadmissible;
4. Holds that there has been a violation of Article 3 of the Convention on account of the applicant’s deportation to Iran on 12 September 2008;
5. Holds that there has been a violation of Article 5 § 1 of the Convention;
6. Holds that there has been a violation of Article 5 § 2 of the Convention;
7. Holds that there is no need to examine the complaint under Article 5 § 4 of the Convention;
8. Holds
(a) that the respondent State is to pay the applicant, within three months from the date on which the judgment becomes final in accordance with Article 44 § 2 of the Convention, the following amounts, to be converted into the currency of the respondent State at the rate applicable at the date of settlement:
(i) EUR 6,500 (six thousand five hundred euros), plus any tax that may be chargeable, in respect of non-pecuniary damage;
(ii) EUR 3,052 (three thousand and fifty-two euros), less EUR 850 (eight hundred and fifty euros) granted by way of legal aid, plus any tax that may be chargeable to the applicant, in respect of costs and expenses;
(b) that from the expiry of the above-mentioned three months until settlement simple interest shall be payable on the above amounts at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points;
9. Dismisses the remainder of the applicant’s claim for just satisfaction.
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Per il testo integrale della decisione, clicca qui.