CCPR/C/117/D/2379/2014 13.3 The Committee recalls its general comment No. 31 (2004),29 in which it refers to the obligation of States parties not to extradite, deport, expel or otherwise remove a person from their territory where there are substantial grounds for believing that there is a real risk of irreparable harm, such as that contemplated by article 7 of the Covenant, which prohibits cruel, inhuman or degrading treatment. The Committee has also indicated that the risk must be personal and that the threshold for providing substantial grounds to establish that a real risk of irreparable harm exists is high. 30 The Committee further recalls its jurisprudence that considerable weight should be given to the assessment conducted by the State party and that it is generally for the organs of the States parties to the Covenant to review and evaluate facts and evidence in order to determine whether such risk exists, 31 unless it is found that the evaluation was clearly arbitrary or amounted to a denial of justice.32 13.4 The Committee notes that, according to the uncontested submissions by the author, she lived in a reception centre between March and July 2009, when she had been granted subsidiary protection with a residence permit valid for three years, which was later renewed until 29 May 2015. When her residence permit was issued, the author had been asked to leave the reception centre without being provided with alternative accommodation. Subsequently, she lived on the streets and in railway stations and was dependent on food provided by churches. She was thus left without shelter and means of subsistence. Feeling desperate, she went to Finland; however, she was returned to Italy in May 2010. Consequently, she became homeless again as she did not receive any assistance with employment or housing. When the author’s four daughters arrived in Italy, on 12 August 2013, they all stayed in Italy for five days receiving food from churches. Fearing destitution and homelessness, and in the absence of any prospect of finding a humanitarian solution to their situation in Italy, the author and her daughters went to Denmark in August 2013 and requested asylum. Today, the author and her four daughters find themselves in a situation of great vulnerability. 13.5 The Committee notes the various reports submitted by the author highlighting the lack of available places in the reception facilities in Italy for asylum seekers and returnees under the Dublin Regulations. The Committee notes in particular the author’s submission that returnees like herself who had already been granted a form of protection and benefited from the reception facilities when they were in Italy were no longer entitled to accommodation in the government reception centres for asylum seekers.33 13.6 The Committee notes the finding of the Refugee Appeals Board that Italy should be considered the first country of asylum in the present case and the position of the State party that the first country of asylum is obliged to provide asylum seekers with basic human standards, although it is not required that such persons have the same social and living standards as nationals of the country (see para. 4.5 above). The Committee further notes the reference made by the State party to a decision of the European Court of Human Rights 29 30 31 32 33 14 See the Committee’s general comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the Covenant, para. 12. See communications No. 2007/2010, X v. Denmark, Views adopted on 26 March 2014, para. 9.2; No. 692/1996, A.R.J. v. Australia, Views adopted on 28 July 1997, para. 6.6; and No. 1833/2008, X v. Sweden, Views adopted on 1 November 2011, para. 5.18. See communication No. 1957/2010, Lin v. Australia, Views adopted on 21 March 2013, para. 9.3. See, inter alia, ibid. and communication No. 541/1993, Errol Simms v. Jamaica, inadmissibility decision adopted on 3 April 1995, para. 6.2. See AIDA, Country report: Italy (January 2015), pp. 54 and 55, available from www.asylumineurope.org/sites/default/files/report-download/aida_italy_thirdupdate_final_0.pdf.