In Saadi v Italy, the European Court of Human Rights held in 2008 that article 3 of the European Convention on Human Rights prohibits expulsion of individuals to states where they would face a “real risk” of torture, inhuman or degrading treatment. In other words, the Court held that serious threats to the community presented by the suspected terrorist cannot be given priority over the risk of potential ill-treatment of this person in a state which is not a party to the ECHR. In a smiliar case, Ali Toumi v. Italy, Italy ignored the interim measures under which the Court…