CRPD/C/23/D/60/2019
Compulsory Psychiatric Care Act, after experiencing hallucinations and suicidal thoughts
and attempts. It notes her argument that she has submitted several medical certificates
before domestic authorities establishing that she has been diagnosed with long-term mental
illness for which she would be unable to receive treatment if removed to Iraq. The
Committee further notes her argument that in the medical certificates submitted by her, her
health condition has been described as life-threatening without treatment and with her risk
of relapse assessed to be grave without adequate care.
7.7
The Committee further notes the State party’s argument that its domestic authorities
have conducted a thorough examination of the author’s claims with there being no reason to
conclude that the domestic decisions were inadequate or that the outcome of the
proceedings was in any way arbitrary or amounted to a denial of justice. It notes the State
party’s submission that the author has not shown that her medical condition is of such a
severe and lasting nature that her removal to Iraq would amount to a violation of her rights
under the Convention.
7.8
The Committee must therefore determine in the present case, taking into account the
factors set out above, whether there are substantial grounds for believing that the author
would face a real risk of irreparable harm as contemplated by articles 10 and 15 if she were
to be removed to Iraq. The Committee notes that it is undisputed between the parties that
the author has been diagnosed with depression. It notes that in several medical certificates
submitted by the author before the domestic authorities she was noted as undergoing
treatment for severe depression, which was assessed to include a risk of severe or lifethreatening complications,21 with the medical treatment she was undergoing described as
essential and the risk of relapse assessed to be grave without adequate care. 22 The
Committee notes that the parties disagree on the severity of the author’s health condition
and whether it is lasting in nature, and it notes the State party’s argument that the domestic
authorities assessed her ill health and suicidal ideation to be primarily linked to her
disappointment at her asylum process, her unclear situation and her fear of being expelled.
The Committee, however, considers that, taking into account that the author submitted
several medical certificates before domestic authorities in which her health condition was
assessed as severe and life-threatening without the treatment she is receiving in the State
party, the State party authorities, in the light of the information available during the
domestic proceedings, should have assessed whether the author would in fact be able to
access adequate medical care if removed to Iraq. The Committee further observes that it is
undisputed between the parties that the domestic authorities did not assess whether the
author would be able to access such medical care in Iraq. The Committee therefore
considers that the failure by the domestic authorities to assess this risk facing the author in
the light of the information available to them concerning the author’s state of health
amounted to a violation of her rights under article 15 of the Convention.
7.9
In the light of these findings, the Committee considers it not necessary to separately
consider the author’s claims under article 10 of the Convention.23
C.
Conclusion and recommendations
8.
The Committee, acting under article 5 of the Optional Protocol, is of the view that
the State party has failed to fulfil its obligations under article 15 of the Convention. The
Committee therefore makes the following recommendations to the State party:
(a)
Concerning the author, the State party is under an obligation to:
(i)
Provide her with an effective remedy, including compensation for any legal
costs incurred in filing the present communication;
21
22
23
10
Medical certificates dated 29 and 31 January 2018 (see para. 2.4).
Medical certificate of 4 December 2018 (see para. 2.6).
European Court of Human Rights, Paposhvili v. Belgium, para. 207; and European Court of Human
Rights, D. v. the United Kingdom, Application No. 30240/96, judgment, 2 May 1997, para. 59.
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