Annual Report 2013
The state of the world's human rights

9 December 2009

Former Guantánamo Bay detainees deserve justice in Italy

Former Guantánamo Bay detainees deserve justice in Italy

Amnesty International has urged the Italian government to ensure that two recently released former Guantánamo Bay detainees receive fair trials in Italy and are not sent back to Tunisia where they would be at risk of torture.

Tunisian nationals Adel Ben Mabrouk and Riadh Nasseri are suspected of having committed terrorism-related crimes in Italy prior to their detention at the US detention centre at Guantánamo Bay.

They were taken into custody on their arrival in Italy in November after having spent over seven years without charge or trial at Guantnamo Bay.

"Adel Ben Mabrouk and Riadh Nasseri endured years of illegal detention in conditions that amounted to ill-treatment. They will be in urgent need of appropriate psychological and medical services," said Julia Hall, Amnesty International's expert on counter-terrorism in Europe.

"The Italian government should take immediate measures to make sure that these men are not subject to further human rights violations."

Amnesty International has called on the Italian authorities to ensure that the men are lawfully detained.

The organization said that the authorities should evaluate the evidence against the men to ensure that any testimony extracted under torture or ill-treatment is not used in any criminal prosecution against them.

It also said that the authorities should refrain from withholding evidence on the basis of national security and provide compensation for the men if Italy was involved in their on-going detentions or other ill-treatment at Guantánamo Bay.

"If the Italian authorities were involved in intelligence sharing with the USA or other activities that contributed to the men’s unlawful detention and other violations of their rights at Guantánamo Bay, then they should be held accountable," said Julia Hall.

Amnesty International has also urged the Italian authorities to guarantee that Adel Ben Mabrouk and Riadh Nasseri will not be expelled or deported to Tunisia or to any other country where they would be at risk of torture or other ill-treatment.

In recent years, the Italian government has attempted to deport and has deported a number of Tunisian nationals to Tunisia, in some cases in violation of rulings issued by the European Court of Human Rights.

The Court has also ruled that Italy violated the absolute ban on returns to risk of torture by sending some back to Tunisia. Amnesty International subsequently learned that some of the people returned to Tunisia reported being subjected to torture or other ill-treatment.

"The Italian government's disregard for requests from the European Court of Human Rights to halt deportations to Tunisia while the Court considers the case is very disturbing. It indicates that the government will dispense with the rule of law when it suits them," said Julia Hall.

"The authorities must guarantee now that they will observe the absolute ban on torture and not send Adel Ben Mabrouk and Riadh Nasseri back to Tunisia where they will be at risk of such abuse."

Country

Cuba 
Italy 
Tunisia 
USA 

Region

Americas 

Issue

Detention 
Torture And Ill-treatment 
Trials And Legal Systems 

Campaigns

Security with Human Rights 

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