We are referring of a decision made by Justice of Peace in Aosta past October 3rd. Justice of Peace annulled expulsion against a Moroccan citizen that irregularly lives in Italy. Immigration consolidated act art. 19 in fact provides for that expulsion orders or repatriation are prohibited. Art. 19 paragraph 1 states that “expulsions/repatriations cannot occur in case foreigners will risk persecution in the country they are to go back to. Persecution may occur because of racial, sexual, language, citizenship, religious, political, social or personal matters. Expulsion therefore cannot be brought into act in case citizens risk to be sent to countries that do not safeguard them from persecutions.”.
This rule perfectly suits the case we are talking about: a gay citizen in Morocco would face six months to three years detention.
During appeal at Court circumstances, proves and witnesses showed this man’s situation. In addition to this, a psychiatric examination proved that this interested person is really homosexual and that there are elements that validate the appealer condition.
The judge only applied law and stopped expulsion order because he believed that this citizen’s homosexuality was fairly proved of.
Similar to this situations can find protection in law, of course it must be evident that in home countries persecution does really occur.