CCPR/C/116/D/2402/2014
kept together, the Court reiterated that article 3 could not be interpreted as obliging the high
contracting parties to the Convention for the Protection of Human Rights and Fundamental
Freedoms (European Convention on Human Rights) to provide everyone within their
jurisdiction with a home, nor did article 3 entail any general obligation to give refugees
financial assistance to enable them to maintain a certain standard of living. 9 In the opinion
of the State party, the Tarakhel case, which concerned a family with the status of asylum
seekers in Italy, does not deviate from the findings in the Court’s previous case law on
individuals and families with a residence permit for Italy, as expressed in, inter alia, the
Mohammed Hussein decision. Accordingly, the State party expresses the view that it cannot
be inferred from the Tarakhel decision that States are required to obtain individual
guarantees from the Italian authorities before returning individuals or families in need of
protection who had already been granted residence permits in Italy.
4.8
In that respect, the State party reiterates that the decision in the Mohammed Hussein
case indicates 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.
4.9
Accordingly, the State party submits that article 7 of the Covenant does not prevent
it from enforcing the Dublin II Regulation in respect of individuals or families who have
been granted residence permits in Italy, as is the case for the authors.
4.10 Consequently, the State party concludes that its deportation of the authors and their
children to Italy would not constitute a breach of article 7 of the Covenant.
Author’s comments on the State party’s observations
5.1
In their comments dated 28 January 2015, the authors assert that the living
conditions in Italy for asylum seekers and beneficiaries of international subsidiary
protection are similar, since there is no effective integration scheme in Italy. Asylum
seekers and recipients of subsidiary protection often face the same severe difficulties in
finding basic shelter, access to sanitary facilities and food. 10 The authors refer to a report of
the Jesuit Refugee Service Europe, which states that “the real problem concerns those who
are sent back to Italy and who already have some kind of protection. Probably they would
have already stayed in at least one of the accommodation options available and, if they left
the centre voluntarily before the established time, they have no right to go back to the
accommodation system”, thus are no longer entitled to accommodation in the Government
reception centres for asylum seekers (p. 152). Moreover, most of the people occupying
abandoned buildings in Rome fall into that category. The findings show that the lack of
places to stay is a major problem, especially for returnees who are, in most cases, holders of
international or humanitarian protection (p. 161). The Swiss Refugee Council report quoted
by the authors also indicated that it is extremely difficult for people who have been granted
protection status who are returned to Italy to find accommodation. 11
5.2
The authors submit that, regardless of whether they have been granted international
protection or not, they risk facing serious difficulties in finding shelter, access to sanitation
facilities and food. Therefore, based on the above-mentioned reports and the authors’
previous experiences, they submit that living conditions in Italy for asylum seekers and
beneficiaries of international protection are similar, and that they are even worse for
beneficiaries of international protection who return to Italy, as would be the case for them.
9
10
11
GE.16-10167
Ibid., para. 95.
The authors refer to their initial communication and the reports cited therein.
Swiss Refugee Council, “Reception conditions in Italy”, pp. 4-5.
7