CCPR/C/116/D/2402/2014
5.
Since the authors have failed to submit to the Committee facts to support the claim
that there are substantial grounds for believing that, if deported to Italy, they would be
exposed to a real risk of being subjected to cruel, inhuman or degrading treatment pursuant
to article 7, the communication is inadmissible under article 2 of the Optional Protocol. d I
would like to emphasize that the Committee’s inadmissibility decision is based on the facts
before us, in application of the Covenant and without prejudice to obligations under other
legal regimes. Although I recognize the need for a union of States that is founded on the
indivisible, universal value of human dignity and solidaritye to take action in order to abide
by this commitment and to improve the living conditions in which many refugees entitled
to subsidiary protection are left under a regulatory regime for which this union is
responsible, this, for the reasons given above, does not allow the Committee to find a
violation of article 7 of the International Covenant on Civil and Political Rights in the case
before it.
d
e
GE.16-10167
See rule 96 (b) of the Committee’s rules of procedure (CCPR/C/3/Rev.10). For a similar finding, see
communication No. 2351/2014, R.G. v. Denmark, Views adopted on 2 November 2015, para. 7.8, in
which the Committee also found the communication inadmissible owing to insufficient substantiation.
See the preamble to the Charter of Fundamental Rights of the European Union.
15
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