CRC/C/85/D/56/2018
nucleus. The non-application of this clause in favour of minors who have already
experienced serious trauma, whose only sources of support, outside their country of origin,
are in Switzerland, represents inhuman and degrading treatment. The State party has
violated E.A. and U.A.’s peace of mind since the moment it failed to take into account the
emotional and psychological repercussions that their removal to Italy might have on them.
5.2
On 10 December 2018, the author submitted a complaint concerning the
circumstances of the transfer on 12 September 2018 to the Cantonal Council of Ticino and
a petition to the Grand Council of Ticino The author argues that while it is the
responsibility of the State Secretariat for Migration to assess the enforceability and
feasibility of removal, such an assessment relates only to the minimum guarantees of
reception in the country of removal, but not to the manner in which the removal will be
carried out. The author stresses, however, that her communication is not based on the
removal attempt of 12 September 2018, but on the decision of the State Secretariat to apply
the Dublin III Regulation without taking into account the welfare and best interests of E.A.
and U.A.
5.3
The author contests the State party’s assertion that the asylum authorities were not
given the opportunity to examine the medical certificates. Upon receipt of the medical
certificates on 7 September 2018, the author sent them to the Office for Migration, the body
competent at the cantonal level for carrying out deportations by order of the State
Secretariat for Migration.
5.4
The author accepts that some provisions of the Convention are not directly
applicable. However, she finds the State party’s assertion that the indirect applicability of a
norm of the Convention is not a reason to claim its violation before the Committee
absolutely absurd.
5.5
The author contests the State party’s allegation that her communication is illfounded. She explains that the removal of 12 September 2018 is not the only reason for the
communication. The author contests the facts contained in the police report referred to by
the State party, which she claims is biased. She considers that the State party cannot base its
claims on the Cantonal Council’s reply, since it is a general text that does not concern her
specific case. She adds that the replies of the Cantonal Council are written by the units
concerned, in this case by the police itself.
5.6
The author notes that on 17 August 2018, her family was transferred from the civil
protection centre in Biasca, a “bunker” whose structure was not considered adequate for
reception, to the Della Santa guesthouse in Viganello. The SOS-Ticino association prepared
E.A.’s school enrolment. Although the family were supposed to be awaiting a transfer to
Italy, E.A. and U.A., who had been moved from a bunker, settled into a guesthouse and
enrolled in school, could not have understood that this was only a temporary situation.
5.7
The author insists that the arrival of the police on the night of 12 September 2018 at
the Della Santa guesthouse was unexpected, as no one had notified the family of the
removal through an interpreter. The family were convinced that their stay in Switzerland
would be long since E.A. had been enrolled in school and had attended his first day.
Although the police officers explained in Italian what was going to happen, the author
could not fully understand what they were saying and had difficulty expressing herself. The
author’s lawyer informed the police that she refused to board the plane and that a
suspension of the flight had been requested on medical grounds. Therefore, the State party’s
assertion that the author packed her bags of her own accord is “a pure lie”. The author
points out that she did not claim that the police had broken into her accommodation. The
inhuman and degrading treatment was caused by the shock of being woken in the middle of
the night, the requirement that the family pack their personal belongings, and the fact that
discussions between the police and the author took place without an interpreter and in the
presence of the two frightened children. It is true that the author and her children had not
left Switzerland within the established deadline, but it is equally true that after that deadline,
it was the Swiss authorities that had assigned them new accommodation and enrolled E.A.
in school.
5.8
The author regrets that neither the police report nor the State party’s observations
mention the fact that the children were frightened and crying, or that the police at Zurich
10
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