On 5 April 2011 the European Court of Human Rights condemned Italy for having sent back to Tunisia two years ago, a Tunisian national, Ali Ben Sassi Toumi, married to an Italian father and three children, who took over by the regime of Ben Ali, was subjected to torture. The expulsion to Tunisia was August 2, 2009, despite the explicit request of the European Court to suspend.
The Court held that the expulsion may determine the liability of the State, if there are serious reasons to believe and verified that the person in danger of being subjected to treatment contrary to art. 3 of the European Convention on Human Rights and Fundamental Freedoms, which states that "no one shall be subjected to torture or to inhuman or degrading treatment or punishment." The defense of the Italian government has hypocritically entrenched behind "assurances" received from the regime of Ben Ali, but the Court has rightly argued that "serious and reliable international sources" as asserted by the Tunisian authorities not to take into account complaints about mistreatment and that the authorities themselves were absolutely unwilling to cooperate with international organizations.
Of course, by a government and a parliamentary majority willing to swear on their children that Berlusconi was convinced that Ruby Heartbreaker was the nephew of Mubarak and that it intervened on the Milan police station to avoid a diplomatic incident, we can not wait to be sure in good faith.
But there is another Italy, one which, for example, hosted in 1998 the Founding Conference of the International Criminal Court, headed by a jurist of the caliber of Giovanni Conso. We must hope that the leaders of authoritarian regimes that are falling one after another like bowling pins are subject to the jurisdiction of this Court, as may in fact found responsible for such torture.
Under Article. 7, para. 1 bed. f, of the Convention establishing the International Criminal Court, in fact, torture is a crime against humanity when committed as part of a widespread and systematic attack against any civilian population with knowledge of the attack. But we must also hope that the accomplices of these schemes, which are located in the so-called democratic Western Europe are also punished, because it is only through the active cooperation of Berlusconi and Sarkozy, who now try to recycle as a champion of human rights by spreading depleted uranium on Libya, though Ben Ali and his ilk have been for many decades to oppress and torture their people. 
The Court held that the expulsion may determine the liability of the State, if there are serious reasons to believe and verified that the person in danger of being subjected to treatment contrary to art. 3 of the European Convention on Human Rights and Fundamental Freedoms, which states that "no one shall be subjected to torture or to inhuman or degrading treatment or punishment." The defense of the Italian government has hypocritically entrenched behind "assurances" received from the regime of Ben Ali, but the Court has rightly argued that "serious and reliable international sources" as asserted by the Tunisian authorities not to take into account complaints about mistreatment and that the authorities themselves were absolutely unwilling to cooperate with international organizations.
Of course, by a government and a parliamentary majority willing to swear on their children that Berlusconi was convinced that Ruby Heartbreaker was the nephew of Mubarak and that it intervened on the Milan police station to avoid a diplomatic incident, we can not wait to be sure in good faith.
But there is another Italy, one which, for example, hosted in 1998 the Founding Conference of the International Criminal Court, headed by a jurist of the caliber of Giovanni Conso. We must hope that the leaders of authoritarian regimes that are falling one after another like bowling pins are subject to the jurisdiction of this Court, as may in fact found responsible for such torture.
Under Article. 7, para. 1 bed. f, of the Convention establishing the International Criminal Court, in fact, torture is a crime against humanity when committed as part of a widespread and systematic attack against any civilian population with knowledge of the attack. But we must also hope that the accomplices of these schemes, which are located in the so-called democratic Western Europe are also punished, because it is only through the active cooperation of Berlusconi and Sarkozy, who now try to recycle as a champion of human rights by spreading depleted uranium on Libya, though Ben Ali and his ilk have been for many decades to oppress and torture their people.
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