CCPR/C/123/D/2575/2015
with minor children to Italy amounted to a violation of the Covenant. However, in the
opinion of the Board, such findings by the Committee could not lead to a different outcome
in the present case. The State party also submitted that the Board’s assessment of the
conditions of authors with minor children to be transferred to Italy were consistent with the
case law of the European Court of Human Rights.25
7.2
The State party claimed that, as can be seen from the case law of the European Court
of Human Rights, the “actual practice” of Italy is consistent with the country’s international
legal obligations. The State party found that the reference made by the adult author to her
previous experiences in Italy and to the background information in general failed to
demonstrate that there were substantial grounds for believing that, if deported to Italy, the
author would face a real risk of treatment contrary to article 7 of the Covenant. The State
party therefore still found that Italy could serve as the country of first asylum of the author
and that the deportation of the author to Italy would not constitute a violation of article 7 of
the Covenant.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether the communication is
admissible under the Optional Protocol.
8.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
8.3
The Committee notes the author’s claim that she has exhausted all effective
domestic remedies available to her. In the absence of any objection by the State party in
that regard, the Committee considers that the requirements of article 5 (2) (b) of the
Optional Protocol have been met.
8.4
As the Committee considers the author’s claims under article 7 otherwise
substantiated, it declares them admissible and proceeds with their consideration on the
merits.
Consideration of the merits
9.1
The Committee has considered the present communication in the light of all the
information made available to it by the parties, as required under article 5 (1) of the
Optional Protocol.
9.2
The Committee notes the author’s claim that deporting her and her three-year-old
son to Italy, based on the Dublin Regulation principle of “first country of asylum”, would
expose them to a risk of irreparable harm, in violation of article 7 of the Covenant. The
author bases her arguments on, inter alia, the actual treatment she experienced after she was
granted a residence permit in Italy in 2009; her particular vulnerability as a single mother
with a small child; the general conditions in reception facilities for asylum seekers in Italy;
and the failure of the Italian integration scheme in providing access to financial and social
services for beneficiaries of international protection, as described in various reports. The
Committee also notes the author’s argument that she and her son would face homelessness,
destitution, lack of access to health care and risks to their personal safety, as demonstrated
by her previous experience in Italy. The Committee further notes the author’s submission
that her residence permit, received in the context of subsidiary protection, has now expired
and that she fears, if returned to Italy, being unable to renew the permit, due to the
difficulties she faced in acquiring it initially. The author further fears not being able to
obtain a residence permit for her son, who was born in Denmark and has no birth
registration record or residence permit in Italy.
25
8
See, for example, E.T. and N.T. v. Switzerland and Italy (application No. 79480/13), decision of 30
May 2017.
GE.19-07290