CCPR/C/116/D/2402/2014 Human Rights would be violated if the Swiss authorities deported the applicants to Italy under the Dublin II Regulation without first obtaining guarantees from the Italian authorities that the applicants would receive appropriate assistance adapted to the family and the age of the children. 5. It is true that, more recently, the Court appears to have ruled otherwise, for example in the judgments in the cases of A.M.E. v. the Netherlands c and A.S. v. Switzerland. d However, these judgments are based on facts which are unlike those in Tarakhel v. Switzerland. In fact, the Court took pains to expressly note this difference in the facts compared with the Tarakhel v. Switzerland decision, in paragraph 34 of A.M.E. v. the Netherlands and paragraph 36 of A.S. v. Switzerland. In the latter case, the issue was strictly limited to the problem of whether Italy would provide appropriate medical treatment for the applicant’s condition. The Court found that the applicant had failed to demonstrate that he would not have access in Italy to the treatment required by his condition and, moreover, that his situation was not of exceptional gravity. The issues are not the same and the Committee should rather have followed the Tarakhel precedent. The fact that there are children involved, the pain of being uprooted and the level of vulnerability experienced by the family in the country of first entry are decisive risk criteria, of which the Committee has not taken sufficient account. 6. All of these considerations lead me to believe that, in the present case, the communication was admissible and that, in view of the heightened instability and vulnerability of the complainants’ situation, their deportation to Italy would put them at real, serious and specific risk, in violation of article 7 of the Covenant. c d 12 European Court of Human Rights, A.M.E. v. the Netherlands (application No. 51428/10), decision of 13 January 2015. European Court of Human Rights, A.S. v. Switzerland (application No. 39350/13), decision of 30 June 2015. GE.16-10167