CAT/C/64/D/742/2016 No. 2 (2007) on the implementation of article 2, considered that article 3 obligations also extended to cruel, inhuman and degrading treatments (para. 6), and that that followed the jurisprudence of the Human Rights Committee 15 and the European Court of Human Rights.16 Suggesting that the complainant should submit a complaint against Italy if he were to be deported to Eritrea would be deferring the State party’s responsibility towards the protection of the complainant’s human rights. 5.4 The complainant notes that the authorities of the State party have not undertaken any individual evaluation of his case. The State party has not invoked any report on which it bases its statement that Italy has the necessary medical infrastructure to treat his psychological needs. Instead, it merely relies on judgments of the European Court of Human Rights, which are mostly from 2013, namely before the high influx of migrants in 2015 and 2016. Today, a number of reports describe the lack of access to accommodation and medical treatment for asylum seekers in Italy. The complainant cites, in particular, the most recent report by the Swiss Refugee Council, 17 according to which there are structural failures in the current sheltering system, in particular the living conditions and the dissemination of information. Chance often determines if an asylum seeker is referred to the relevant shelter. Consequently, some persons may end up living in the streets and waiting months before they can submit an asylum request. The latest Asylum Information Database report underlines that the living conditions in shelters are not suitable for asylum seekers. 18 Furthermore, a regional report by the International Rehabilitation Council for Torture Victims also describes the lack of specific procedures in place in Italy to ensure the identification of victims of torture. 19 Despite an improvement in the identification of victims of torture following the implementation of a project between 2007 and 2012 by the Italian network for asylum seekers who are torture survivors, the project ended in 2012 due to lack of funding.20 5.5 According to reports by Doctors without Borders, 21 many accommodation centres for asylum seekers lack psychological support services. Although accommodation centres should facilitate access to medical services through the Italian public health system, such access is not always guaranteed, and the lack of a timely monitoring system and sanctions makes the implementation of these services discretionary. Also, social exclusion of asylum seekers and the lack of interpretation and translation services seriously limit potential access to health-care services. In any event, medical services provided through the Italian health-care system are not specially conceived to treat conditions typically affecting asylum seekers and refugees, which are largely different from those affecting the Italian population.22 Doctors without Borders has determined that “procedures for mental health assessment within the [Italian health system] are inadequate or completely absent”, that the “identification of vulnerabilities and transfer of patients to ad hoc medical facilities is slow 15 16 17 18 19 20 21 22 8 See Human Rights Committee, general comment No. 20 (1992) on the prohibition of torture or other cruel, inhuman or degrading treatment or punishment, para. 9. European Court of Human Rights, M.S.S. v. Belgium and Greece (application No. 30696/09), judgment of 21 January 2011; V.M. and others v. Belgium (application No. 60125/11), judgment of 17 November 2016; and Tarakhel v. Switzerland. Swiss Refugee Council, Reception Conditions in Italy: Report on the Current Situation of Asylum Seekers and Beneficiaries of Protection, in Particular Dublin Returnees, in Italy (Bern, August 2016). Asylum Information Database, Country Report: Italy — Update 2016 (February 2017). International Rehabilitation Council for Torture Victims, “Falling through the cracks: asylum procedures and reception conditions for torture victims in the European Union” (Copenhagen, 2016). The project was created to treat asylum seekers who were victims of torture by providing access to rehabilitation services and specialized medical and psychological treatment. This project ran out of funding in 2012. Reports by Doctors without Borders, “Neglected trauma — asylum seekers in Italy: an analysis of mental health distress and access to healthcare” (Rome, 15 July 2016), and “Fuori Campo, richiedenti asilo e rifugiati in Italia: insediamenti informali e marginalità sociale” (Rome, March 2016). The complainant cites the Italian Refugee Council report, “The streets of integration — experimental research on the qualitative and quantitative level of integration of beneficiaries of international protection present in Italy for at least three years” (June 2012).

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