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Se il richiedente asilo viene rinviato verso l'Italia senza previo ottenimento di garanzie sulla

THE COURT

1. Declares, unanimously, the complaints of a violation of Article 3 of the Convention admissible and the remainder of the application inadmissible;

2. Holds, by fourteen votes to three, that there would be a violation of Article 3 of the Convention if the applicants were to be returned to Italy without the Swiss authorities having first obtained individual guarantees from the Italian authorities that the applicants would be taken charge of in a manner adapted to the age of the children and that the family would be kept together;

3. Holds, unanimously, that the Court’s finding at point 2 above constitutes in itself sufficient just satisfaction for any non-pecuniary damage sustained by the applicants;

4. Holds, unanimously,

(a) that the respondent State is to pay the applicants, within three months, the following amount, to be converted into the currency of the respondent State at the rate applicable at the date of settlement: EUR 7,000 (seven thousand euros), plus any tax that may be chargeable to the applicants, 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 amount at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.

Per il testo integrale della decisione, clicca qui.

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