An Algerian national was detained for the purpose of expulsion pursuant to Article 14 of Legislative Decree No. 286/1998 in the Repatriation Detention Centre (CPR) of Torino Brunelleschi. He was then transferred to the Gjadër CPR in Albania, where he requested international protection. Detention was ordered pursuant to Article 6 of Legislative Decree No. 142/2015. The Questura of Rome requested the validation of the detention measure.

The Tribunal of Rome recalled the preliminary references pending before the CJEU concerning the compatibility with EU law of the transfer to and detention in Albania under the Italy–Albania Protocol, referred by the Rome Court of Appeal in C-706/25 [Comeri] and C-707/25 [Sidilli], and by the Court of Cassation in C-414/25 [Sedrata]. The tribunal considered, in light of such a situation of uncertainty, that it was necessary and fair to give precedence, in the balancing of the competing interests, to the protection of personal liberty, as a right of constitutional significance. Consequently, the tribunal did not validate the detention measure under examination. The tribunal also found it unnecessary to hold a hearing, as the detention could not, in any event, be validated while the preliminary references to the CJEU remained pending.

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