Reference: CCPR/C/114/D/2428/2014

Decision Year: 2015-07-23

Related Articles:

• Article 7

Keywords:

• Torture / ill-treatment

Full Case:

• link En

Facts:

The author of the communication is a Somali national. She brings the complaint on behalf of herself and her two minor children.

The author has fled his country of origin because she, and her family, had received death threats.

Once in Italy, in 2009, she received subsidiary protection but she was not allowed to stay in the shelter for refugees and she lives for three years in very insalubrious and unhygienic conditions. When she has got pregnant, she did not access to medical care and, with her first daughter, she decided to go to Denmark. However, in 2013, the Danish immigration service rejected her application for asylum and this decision was upheld be the refugee appeals board. The author and her children were ordered to leave Denmark and return to Somalia. In 2014, the author applied to reopen her case but his request was rejected.

Before the Committee, the author claims that she and her children are victims of a violation of article 7 of the Covenant. She justifies her claim by the fact that the conditions of reception in Italy amounted to degrading and inhuman treatment. She adds that Italy does not currently meet the necessary humanitarian standards for the principle of first country asylum to be applied.

Committee’s Merits

No consideration of the merits 

Committee's Admissibility

The Committee considers that the author failed to exhaust remedy in Denmark, as she did not invoke degrading and inhuman living conditions in Italy before the Danish authorities. She only has argued the risk of persecution if she returns in Somalia. . Consequently, the Danish authorities were deprived of the opportunity to examine such claims.

The communication is inadmissible under article 5, paragraph 2 (b) of the Optional Protocol. 

Recommendation

No recommendation