The respondent is a 20 years old Tunisian man living in Milan, in Italy. He reports that he was pushed back from France to Italy on the 26th February 2026. However, he had an Italian ID Card and documentation proving that he has applied for the renewal of his residence permit. The incident took place at the French border (near Menton) during the night, after he was stopped while traveling on a bus from Italy to France. The purpose of his travel was to reach his family currently living in France.
Location where the police stopped the respondent.
He reports that he encountered the authorities at approximately 4.00 a.m., when the french police officers stopped the bus and removed him for inspection and was taken to the border police station by their car. There, all his belongings, phone, backpack, and suitcase, were confiscated. He was interviewed with the assistance of a mediator who did not speak Arabic well, so he describes that it was really hard for him to follow the interview and answer the questions. The authorities took his fingerprints; he initially refused, and in response, officers punched him in the nose and grabbed him by the neck with their arms, squeezing tightly; when we met him he had marks from the grip. After this use of force, he was forced to provide his fingerprints, but did not receive any document confirming that his fingerprints had been taken, nor was he informed of his rights.
Centre de coopération de police et de dogana. Location where the detention, harassment and pushback took place.
Following the incident, he was held in a container where he slept on a mattress on the floor. Between 4.00 a.m. and 10.30 a.m., he was given only a small bottle of water and a yogurt. Afterward, he was pushed back to Italy without being provided with any documentation. He was left alone on the road without guidance or assistance. A border monitoring organisation later found him at a bus stop where he provided this testimony.

legal analysis

The physical assault inflicted on the respondent may amount to inhuman and degrading treatment, in violation of Article 3 of the European Convention on Human Rights, Article 4 of the Charter of Fundamental Rights of the European Union, Article 5 of the Universal Declaration of Human Rights, and Article 7 of the International Covenant on Civil and Political Rights, violence of this nature cannot be justified.

Furthermore, the coercive taking of fingerprints, the collection of personal data without clear information, and the absence of any documentation confirming these measures engage the right to respect for private life under Article 8 of the European Convention on Human Rights and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, as well as the safeguards established by the General Data Protection Regulation, which require that personal and biometric data be processed lawfully, transparently, and on a clear legal basis.
In addition, the failure to inform the respondent of his rights, the lack of adequate interpretation during the interview, and the failure to provide any written decision or legal paperwork preventing him from challenging the pushback may violate Articles 6 and 13 of the European Convention on Human Rights and Article 47 of the Charter of Fundamental Rights of the European Union, which guarantee the right to a fair procedure and an effective remedy.