In a landmark ruling issued on February 28 in the case of Saadi v. Italy, the European Court of Human Rights reaffirmed the absolute ban on sending people to countries where they risk torture and ill-treatment. Nassim Saadi, a Tunisian national legally residing in Italy, was previously convicted in his absence by a Tunisian military court for membership in a terrorist organization. When Italy ordered Mr. Saadi's deportation, he lodged an appeal in the European Court of Human Rights arguing that he would be at risk of torture if returned to his home country. The Italian government, backed by the UK, argued that any risk to Mr. Saadi should be balanced against the threat he posed to national security, an argument the court soundly rejected.
Specifically referring to research by Human Rights Watch and other human rights organizations detailing the practice of torture in police custody in Tunisia, the court concluded that the "diplomatic assurances" of humane treatment provided by the Tunisian government were insufficient in the face of documented reports of prisoner abuse in Tunisia. Last year, Human Rights Watch called on Italy to halt its efforts to deport Mr. Saadi to Tunisia. Human Rights Watch has strongly criticized the increasing use of "diplomatic assurances" against torture as an ineffective safeguard against such abuse.
