CCPR/C/124/D/2734/2016
4.6
The background information invoked by the author 15 does not contain any new
information on the general conditions in Italy for persons already granted residence that
was not available to the European Court of Human Rights when it ruled in Samsam
Mohammed Hussein and Others that the return to Italy of the applicants in that case would
not amount to treatment proscribed by article 3 of the European Convention on Human
Rights. Moreover, the author relies primarily on reports and other background material
relating to reception conditions in Italy that were relevant to asylum seekers, including
returnees under Regulation (EU) No. 604/2013 of the European Parliament and of the
Council of 26 June 2013 establishing the criteria and mechanisms for determining the
Member State responsible for examining an application for international protection lodged
in one of the Member States by a third-country national or a stateless person (Dublin III
Regulation), and not to persons – like herself – who had already been granted subsidiary
protection.16
4.7
With regard to the author’s material and social conditions during her stay in Italy
from 2008 to 2015, the report of the asylum screening interview conducted by the Danish
Immigration Service on 23 July 2015 reveals that the author stayed partially at reception
centres and partially at a help centre in Cartegna. She had a job during some periods of her
stay, her residence permit was renewed at least once and she received medical treatment.
She also had no problems with the authorities, nor with private individuals or groups during
her stay in Italy.
4.8
Regarding the author’s reference to the decision of the European Court of Human
Rights in Samsam Mohammed Hussein and Others, in that ruling, the Court reiterated that
the mere return to a country where one’s economic position would be worse than in the
expelling State party was not sufficient to meet the threshold of ill-treatment proscribed by
article 3 of the European Convention on Human Rights. It stated that article 3 could not be
interpreted as obliging States parties to provide everyone within their jurisdiction with a
home, and that it did not entail any general obligation to give refugees financial assistance
to enable them to maintain a certain standard of living. 17 Moreover, the Court indicated that,
in the absence of exceptionally compelling humanitarian grounds against removal, the fact
that the applicant’s material and social living conditions would be significantly reduced if
he or she were to be removed from the contracting State was not sufficient in itself to give
rise to a breach of article 3.18 Furthermore, it cannot be inferred from the judgment of the
Court in Tarakhel v. Switzerland, which concerned a family with the status of asylum
seekers in Italy, that States are required to obtain individual guarantees from the Italian
authorities before deporting individuals or families in need of protection who have already
been granted residence in Italy.
4.9
The Danish authorities consulted the Italian authorities in the summer of 2015 about
the possibility for asylum seekers to enter Italy as their country of first asylum if their
residence permits had lapsed. The Italian authorities confirmed that an alien with a
residence permit for Italy who was recognized as a refugee or had protection status could
apply for a renewal of the residence permit upon re-entry into Italy, even after the expiry of
the residence permit. An alien whose residence permit had expired could also lawfully enter
Italy for the purpose of having his or her residence permit renewed. However, during the
asylum screening interview of 23 July 2015, the author had declared that she considered it a
bothersome process to renew her residence permit because she had to go to the immigration
office and queue up for a long time. When the author was asked why she had not had her
most recent Italian residence permit renewed, she replied that she should have applied for a
new residence permit on 6 July 2015, but she had other plans for that day. The European
Court of Human Rights has also ruled on several occasions that Italy can serve as the
15
16
17
18
GE.19-02298
In particular the Swiss Refugee Council report of October 2013 and the June 2015 report published by
the United States Department of State.
The report published in December 2012 by the European Council on Refugees and Exiles, the
Asylum Information Database report of May 2013 and the June 2013 report published by the Jesuit
Refugee Service Europe.
Samsam Mohammed Hussein and Others, para. 70.
Ibid., para. 71.
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