CCPR/C/120/D/2470/2014
to medical assistance is acquired at the moment of registering the asylum request and that
this right continues even during the renewal of a stay permit. In addition, it appears from
the interview report by the Danish National Police on 16 August 2012 that the author stated
that “she had been hospitalized in Italy”. According to the report of the interview conducted
by the Immigration Service on 18 November 2013, the author provided the following
information: “At that time, the applicant had been ill and had been treated at the
hospital … . The applicant stated that she had in fact not been hospitalized, but that a nurse
had visited her at home in a rural dwelling that she had lived in at that time. She had also
been treated there. The applicant had left Italy right after she had recovered.”
6.3
Unlike in Jasin v. Denmark, in the present case neither the author nor her son suffers
from any diseases requiring medical treatment and no exceptional circumstances exist. The
State party’s authorities adequately took into account the information provided by the
author on her own experience. In the case of A.A.I. and A.H.A. v. Denmark, 21 the
Committee found the communication inadmissible, as the authors’ previous experiences in
Italy did not substantiate their claim that, if returned to Italy, they would be at a real risk of
cruel, inhuman or degrading treatment. Most recently, the European Court stated in a case
concerning the deportation of a single mother and her two minor children to Italy that “the
applicant has not demonstrated that her future prospects, if returned to Italy with her
children, whether looked at from a material, physical or psychological perspective, disclose
a sufficiently real and imminent risk of hardship that is severe enough to fall within the
scope of Article 3”.22
7.
On 7 October 2016, the author reiterated her previous allegations and argued that
she, as single mother with a minor child, will find herself in a similar vulnerable position as
the authors and their children in Jasin v. Denmark and Ali and Mohamad v. Denmark.
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 article 93 of its rules of procedure, whether the communication
is admissible under the Optional Protocol.
8.2
As required under article 5 (2) (a) of the Optional Protocol, the Committee has
ascertained 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 connection, the Committee considers that the requirements of article 5 (2) (b) of the
Optional Protocol have been met.
8.4
The Committee notes the State party’s challenge to the admissibility of the
communication on the grounds that the author’s claim under article 7 of the Covenant is
unsubstantiated. The Committee considers, however, that the author has sufficiently
substantiated her claims for the purposes of admissibility. Accordingly, the Committee
declares the communication admissible insofar as it raises issues under article 7 of the
Covenant and proceeds to its consideration of the merits.
Consideration of the merits
9.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, in accordance with article 5 (1) of the Optional Protocol.
9.2
The Committee notes the author’s claim that deporting her and her minor son to
Italy, based on the principle of first country of asylum according to the Dublin Regulation,
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 received in Italy; her
21
22
8
Communication No. 2402/2014, A.A.I. and A.H.A. v. Denmark, decision adopted on 29 March 2016.
See N.A. and Others v. Denmark (application No. 15636/16), decision of 28 June 2016, para. 32.