CAT/C/64/D/742/2016
and often non-existent” and that “there is a lack of culturally appropriate human and
financial resources and mental health services to treat asylum seekers”.23
5.6
The complainant adds that the wave of migration in Italy in 2016 collapsed the
reception system and that migrants have to wait for weeks or months before being able to
file an asylum claim and to get access to the reception system. 24 In the light of this, informal
accommodation structures have been put in place, but they are not adapted to receive
persons in vulnerable situations. Poor living conditions in these centres worsen the mental
health of asylum seekers with psychiatric conditions. The complainant therefore argues that
the living conditions in Italy for asylum seekers who, like him, are in a vulnerable situation
and suffer post-traumatic stress disorder are unbearable.
5.7
The notion of “situation of vulnerability” should not be limited to families with
children but should include persons belonging to a particularly vulnerable group, like
victims of torture, such as the complainant. 25 In this connection, the complainant takes note
of the State party’s claim that Tarakhel v. Switzerland is irrelevant because it refers to the
case of a family with small children. However, he notes that the Court recognized in that
case that asylum seekers belonged to a particularly vulnerable group, needing special
protection and that shelter could be inaccessible to some asylum seekers in Italy.
5.8
The complainant argues that, in A.S. v. Switzerland referred to by the State party, the
Court failed to take into account the specific needs of a torture survivor with respect to
rehabilitation and the fact that this is a freestanding civil right. 26 The Court reviewed its
jurisprudence on the matter of removing persons with health problems in Paposhvili v.
Belgium, considering that removals that would constitute a violation of article 3 of the
Convention for the Protection of Human Rights and Fundamental Freedoms (European
Convention on Human Rights) include the removal of “a seriously ill person in which
substantial grounds have been shown for believing that he or she, although not at imminent
risk of dying, would face a real risk, on account of the absence of appropriate treatment in
the receiving country or the lack of access to such treatment, of being exposed to a serious,
rapid and irreversible decline in his or her state of health resulting in intense suffering or to
a significant reduction in life expectancy”. 27 The Court also established that if, after an
analysis of the situation in the receiving country, there remained doubts as to the
accessibility of the necessary treatments, individual assurances must be requested before
the removal. The complainant reiterates that the State party did not request individual
assurances in his case.
5.9
The complainant also notes that the State party questions the gravity of the state of
his health. By doing so, the State party questions the evaluation of professionals and the
content of detailed medical reports without providing any evidence to the contrary.
5.10 The complainant concludes that the exceptional circumstances of his case justify that
his removal to Italy would constitute a violation of articles 3, 14 and 16 of the Convention,
and that the State party failed to undertake an individual evaluation of his case.
Additional submission by the complainant
6.
On 21 July 2017, the complainant submitted a medical report by the specialized
trauma clinic in Geneva, certifying that he was still under treatment and, at the time,
suffering an episode of depression of medium to severe intensity. The doctors
recommended that the complainant continued his psychotherapeutic treatment.
23
24
25
26
27
Doctors without Border, “Neglected trauma”, pp. 13, 14 and 17. In the report, the organization states
that “cultural mediation is often absent or else is carried out by Italian staff within the [national health
system]” (p. 16), “the environment within the [national health system] is often unsuitable and
overcrowded” (p. 20) and “extraordinary reception centres are often in isolated locations, making
integration impossible” (p. 20).
Doctors without Borders, “Fuori Campo”.
See V.M. and others v. Belgium.
REDRESS brief of 27 July 2016 to the Committee against Torture on D. v. Switzerland
(communication No. 700/2015).
See European Court of Human Rights, Paposhvili v. Belgium (application No. 41738/10), judgment
of 13 December 2016, para. 183.
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