ICCPR Case Digest

CCPR/C/119/D/2681/2015

Communication

2681/2015

Submission: 2015.11.11

View Adopted: 2017.03.10

Y.A.A. and F.H.M. v. Denmark

Substantive Issues
  • Torture / ill-treatment
Relevant Articles
  • Article 7
Violations

Admissibility

The Committee declares the communication admissible insofar as it raises issues under article 7 of the Covenant, and proceeds to its consideration on the merits. 

Recommendations

In accordance with article 2 (1) of the Covenant which establishes that States Parties undertake to respect and to ensure to all individuals within their territory and subject to their jurisdiction the rights recognized in the Covenant, the State party is under an obligation to proceed to a review of the claim of the authors , taking into account the State party’s obligations under the Covenant, the Committee’s present Views, and the need to obtain proper assurances from Italy, as set out in paragraph 7.8 above. The State party is also requested to refrain from expelling the authors and their four children to Italy while their request for asylum is being reconsidered.34 

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