CAT/C/65/D/758/2016
rights of asylum seekers are violated on account of the deplorable living conditions in some
reception centres.36
7.5
According to reports by Doctors without Borders, 37 many accommodation centres
for asylum seekers lack psychological support services. Moreover, the social exclusion of
asylum seekers and the lack of interpretation and translation services seriously limit
potential access to health-care services. In any event, the medical services provided through
the Italian public health system are not specially conceived to treat the conditions typically
affecting asylum seekers and refugees, which are completely different from those affecting
the Italian population.38
7.6
The deficiencies of the Italian reception system are particularly problematic for
vulnerable asylum seekers and refugees. On 9 February 2017, the Danish Refugee Council
and OSAR published a joint report on the situation of vulnerable persons transferred to
Italy under the Dublin III Regulation. 39 Through six case studies, the report clearly
demonstrates that persons transferred to Italy are at risk of rights violations and that the
manner in which families and vulnerable persons are received by the Italian authorities is
very arbitrary.40
7.7
As to the cases of D. v. United Kingdom and N. v. United Kingdom cited by the State
party, the complainant notes that the European Court of Human Rights has clarified its
jurisprudence on the removal of foreign nationals who are seriously ill. 41 He reiterates that
no guarantee of medical care was either sought or obtained from the Italian authorities, in
violation of European law. He also refers to a judgment of the Court of Justice of the
European Union, in which it considers that a Member State “must also be able to ensure
that the asylum seeker concerned receives care upon his arrival in the Member State
responsible”.42
7.8
In conclusion, the State party has not sufficiently assessed the complainant’s
individual case. He has clearly demonstrated his situation to be “very exceptional” within
the meaning of international jurisprudence on account of being a victim of torture in need
of special medical care, which he would not be able to access in Italy, and that disrupting
the therapeutic relationship that he has established with his doctors in Switzerland would
have irreparable consequences owing to the critical state of his health. Given the absence of
any guarantee that he will receive medical care and the serious shortcomings affecting
access to medical care for asylum seekers and beneficiaries of protection in Italy, he will
not be provided with effective rehabilitation. Consequently, his deportation to Italy would
constitute a violation of articles 3, 14 and 16 of the Convention.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any complaint contained in a communication, the Committee
must decide whether the complaint is admissible under article 22 of the Convention. The
Committee has ascertained, as it is required to do under article 22 (5) (a) of the Convention,
36
37
38
39
40
41
42
10
https://rm.coe.int/native/16806f9d70.
Doctors without Borders, Neglected Trauma. Asylum Seekers in Italy: an Analysis of Mental Health
Distress and Access to Healthcare, July 2016, and Out of sight. Asylum seekers and refugees in Italy:
Informal settlements and social marginalization, March 2016.
Le strade dell’integrazione. Ricerca sperimentale quali-quantitativa sul livello di integrazione dei
titolari di protezione internazionale presenti in Italia da almeno tre anni, June 2012, Italian Refugee
Council, available at http://briguglio.asgi.it/immigrazione-e-asilo/2012/giugno/rapp-cir-integrifug.pdf.
Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013
establishing the criteria and mechanisms for determining the Member State responsible for examining
an application for international protection lodged in one of the Member States by a third-country
national or a stateless person.
Danish Refugee Council and OSAR, Is Mutual Trust Enough? The Situation of Persons with Special
Reception Needs upon Return to Italy, 9 February 2017.
Paposhvili v. Belgium [GC], No. 41738/10, 13 December 2016.
C.K., H.F. and A.S. v. Slovenia, C 578/16 PPU, 16 February 2017, para. 82.
GE.19-01969