ICCPR Case Digest

CCPR/C/125/D/2672/2015

Communication

2672/2015

Submission: 2015.01.23

View Adopted: 2019.03.29

J.F.H. v. Denmark

Claim of ill-treatment on Dublin transfer to Italy due to reception conditions, declared manifestly unfounded and inadmissible

Substantive Issues
  • Right to family
  • Torture / ill-treatment
Relevant Articles
  • Article 2 - OP1
  • Article 23
  • Article 5.2 (b) - OP1
  • Article 7
Full Text

Facts

The author is an ethnic Kurd and Syrian national, residing in Denmark and currently subject to a removal order to Italy. He claims that this deportation is in violatino of his rights under article 7 of the Covenant.

The author fled Syria in 2012 and was registered in the Euro-hit system in October that year. He was deported from Germany to Italy under the Dublin regulation, however in Italy recieved no assistance and was forced to live on the street. As a result of these reception conditions, he applied for asylum in Denmark which was later denied.

The author claims that his deportation to Italy would put him at risk of being subject to torture, or cruel in human or degrading treatment given the reception conditions of Dublin returnees to Italy.

Admissibility

The case is determined inadmissible as the author has failed to sufficiently substantiate his claim of violation of article 7 of the Covenant, and was therefore declared inadmissible.

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