CCPR/C/123/D/2575/2015 Annex II [Original: French] Individual opinion of Olivier de Frouville (concurring) 1. These views are in line with the now well-established jurisprudence of the Human Rights Committee in respect of the return from one European Union country to another of persons seeking asylum or enjoying subsidiary protection. All such cases submitted to the Committee concern a single State party, namely, Denmark. In most cases, the country of return is Italy. The Committee has established a number of principles applicable to these cases, starting with its Views in the case of Jasin v. Denmark, adopted on 22 July 2015. These principles are accepted by a majority on the Committee, but their application to certain cases continues to divide its members. 2. In accordance with its general jurisprudence on expulsion, the Committee attaches considerable weight to the assessment by the national authorities of a real and personal risk of harm, as envisaged in articles 6 and 7 of the Covenant. The Committee considers that it is generally for the bodies of the State concerned to assess the facts and evidence in order to establish the existence of such risk, unless that assessment is clearly arbitrary or constitutes a denial of justice. 3. In addition, for these cases in particular, the Committee has identified four factors to be taken into account in the assessment. The first factor concerns the situation in the country of return with regard to the reception and care of asylum seekers or persons enjoying subsidiary protection. The second factor concerns the past experience of the persons concerned in the country of return and therefore the treatment they can expect upon return to that country. The third factor concerns the author’s situation of vulnerability at the time of the Committee’s consideration of the request; responsibility for minor children, whose best interests must be duly taken into account in the decision, is a contributory factor in this respect. The fourth and final factor is whether or not the State party has sought assurances from the receiving State that the persons concerned will be cared for in conditions appropriate to their situation, and also, when the authors are accompanied by minor children, that they will be cared for in conditions appropriate to the children’s age and the family’s vulnerable situation, without exposing them to the risk of indirect refoulement. 4. When the Committee concludes that the assessment of the national authorities is clearly arbitrary, it considers that there would be a violation if the State party were to return the authors without seeking the assurances specified by the Committee in the grounds for its Views. In other words, this is still a potential violation, which the State party could avoid by requesting personalized assurances under the conditions set out by the Committee. It should be noted that, unfortunately, in all the time the Committee has been seized of this type of case, Denmark has never made any such request. 5. I believe that the Committee has correctly applied its jurisprudence in the present case. With regard to conditions in the country, the Committee takes note of the various reports submitted by the author and mentioned in paragraphs 4.4 and 6.3, which show that persons who return to Italy after having already received some form of protection there are not entitled to accommodation in reception facilities and that there is no legal procedure for identifying persons in a vulnerable situation. More recent reports show that there has been no improvement in this regard and that, on the contrary, systemic problems persist. 1 6. The author’s past experience is unfortunately comparable to that of other cases that the Committee has had to consider: after receiving her residence permit, the author had to live in extremely precarious and insecure conditions for several years, until she became pregnant and decided to leave Italy for Denmark. Her residence permit in Italy expired in July 2016 (para. 4.1). The author would be particularly vulnerable if she were to return to 1 GE.19-07290 See para. 9.5 and footnotes 29 and 33. 13