CCPR/C/114/D/2360/2014
6.2
In that respect, the State party reiterates that it appears from the decision in
Mohammed Hussein case (paras. 37 and 38) that persons recognized as refugees or granted
subsidiary protection in Italy are entitled to benefit from the general schemes for social
assistance, health care, social housing and education under Italian domestic law.
6.3
Accordingly, the State party reiterates that article 7 of the Covenant does not prevent
it from enforcing the Dublin Regulation in respect of individuals or families who have been
granted residence permits in Italy, like the author.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim contained in a communication, the Human Rights
Committee must decide, in accordance with article 93 of its rules of procedure, whether the
communication is admissible under the Optional Protocol to the Covenant.
7.2
As required under article 5 (2) (a) of the Optional Protocol, the Committee has
ascertained that the same matter is not being examined under another procedure of
international investigation or settlement.
7.3
The Committee notes the author’s claim that she has exhausted all effective
domestic remedies available to her. In the absence of any objection by the State party in
that connection, the Committee considers that the requirements of article 5 (2) (b) of the
Optional Protocol have been met.
7.4
The Committee notes the State party’s challenge to the admissibility of the
communication on the grounds that the author’s claims under article 7 of the Covenant are
manifestly ill-founded. The Committee however considers that the inadmissibility argument
adduced by the State party is intimately linked to the merits and should thus be considered
at that stage.
7.5
The Committee declares the communication admissible insofar as it appears to raise
issues under article 7 of the Covenant and proceeds to its consideration of the merits.
Consideration of merits
8.1
The Human Rights Committee has considered the present communication in the
light of all the information made available to it by the parties, as required under article 5 (1)
of the Optional Protocol.
8.2
The Committee notes the author’s claim that deporting her and her three minor
children to Italy, based on the Dublin Regulation principle of “first country of asylum”,
would expose them to the risk of irreparable harm, in violation of article 7 of the Covenant.
The author bases her arguments on, inter alia, the actual treatment she received after she
was granted a residence permit in Italy in September 2008 and on the general conditions of
reception for asylum seekers and refugees entering Italy, as found in various reports.
8.3
The Committee recalls its general comment No. 31,16 in which it refers to the
obligation of States parties not to extradite, deport, expel or otherwise remove a person
from their territory, where there are substantial grounds for believing that there is a risk of
irreparable harm, such as that contemplated by articles 6 and 7 of the Covenant, either in
the country to which removal is to be effected or in any country to which the person may
16
See the Committee’s general comment No. 31 (2004) on the nature of the general legal obligation
imposed on States parties to the Covenant, para. 12.
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