CAT/C/65/D/758/2016
6.9
According to the medical reports, the complainant’s state of health requires a rather
complex course of treatment. However, while these health problems are serious, they are
not serious enough to lead the State party to conclude that his vulnerability is such that he
should not be deported to Italy. Italy has the medical infrastructure necessary to treat the
complainant’s problems in an adequate manner. It will be up to the Swiss authorities
responsible for deporting the complainant to transmit to the Italian authorities all the
information necessary to enable the complainant to be provided with such care as soon as
he arrives on Italian soil.
6.10 In conclusion, the complainant has failed to provide any information relating to his
individual case that might lead it to conclude that there are substantial grounds for fearing
that he would run a present and personal risk of being subjected to treatment constituting a
violation of articles 3, 14 or 16 of the Convention if he was deported to Italy.
Complainant’s comments on the State party’s observations on the merits
7.1
On 22 May 2017, the complainant submitted comments as well as a medical report
prepared on 12 September 2016.33 The complainant points out that the State party has not
submitted any request for cooperation to the Italian authorities with a view to guaranteeing
his effective rehabilitation within the meaning of article 14 if he is deported to Italy. In any
event, pursuant to the Committee’s general comment No. 3, the State party must not impute
to Italy the obligation to guarantee the complainant access to specialized rehabilitation
services and programmes for victims of torture who are asylum seekers or refugees.
7.2
The State party has not cited any report to support its argument that Italy has the
necessary medical infrastructure to treat his medical problems. It merely relied on the
judgments of the European Court of Human Rights. Several reports describe the lack of
access to housing and medical care for asylum seekers in Italy. According to a regional
report by the International Rehabilitation Council for Torture Victims (IRCT), Italy has not
put in place specific procedures for the identification of victims of torture. 34
7.3
Although he is unable to provide evidence to back up his claims that the commune
of Grosseto refused to provide him with any kind of support, the complainant provided a
very detailed and coherent account to the Swiss authorities of what he had to endure in Italy.
The fact that the Italian authorities agreed to readmit him on three separate occasions does
not detract from his experience or the information indicating that the Italian reception
system is overburdened.
7.4
According to the conclusions of the OSAR report dated August 2016, the Italian
reception system is marred by systemic deficiencies. Housing conditions are particularly
problematic and the law does not provide for any period of stay in the reception system
once international or humanitarian protection has been granted. 35 According to the Special
Representative of the Secretary-General of the Council of Europe on migration and
refugees, there are insufficient integration programmes for beneficiaries of protection in
Italy, housing remains a major problem in the Italian reception system and the fundamental
33
34
35
GE.19-01969
The report presents the following diagnosis: post-traumatic stress and separation anxiety disorder;
major depressive disorder; borderline personality disorder (likely); urinary incontinence as a
consequence of torture suffered in prison in Ethiopia; multiple allergies; and multiple somatic
complaints, including skin problems, pains in his stomach and oesophagus and migraines, etc. The
report stated that the complainant’s treatment consisted of pharmacotherapy and psychotherapy,
specifically behavioural and cognitive therapy. It also stated that, if he was deported from Switzerland
and left without access to adequate medical or health care, the complainant could suffer a relapse,
which could pose a danger to himself and to others, given the trauma that he experienced in Ethiopia
and the current environmental stressors at play.
IRCT, Falling through the Cracks: Asylum Procedures and Reception Conditions for Torture Victims
in the European Union, 2016 report.
OSAR, Reception conditions in Italy: Report on the current situation of asylum seekers and
beneficiaries of protection, in particular Dublin returnees, in Italy. The complainant also cites the
2016 report of the Asylum Information Database, “Country Report: Italy. 2016 Update”.
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