CAT/C/65/D/758/2016
applied for asylum the next day. Upon arrival in Switzerland, he received regular medical
check-ups, as necessitated by his fragile state.
2.9
On 27 September 2012, the former Federal Office for Migration (OFM), which is
now known as the State Secretariat for Migration, submitted an admission request to the
Italian authorities in accordance with the Dublin II Regulation. 4 The OFM did not indicate
that the complainant had been a victim of torture or that he had serious health problems.
The Italian authorities did not issue their decision within the specified time frame. On 25
October 2012, the complainant submitted a medical report prepared by a Dr. B 5 dated 23
October 20126 to the OFM. On 9 November 2012, the OFM decided not to consider the
case and ordered the complainant’s deportation to Italy. The complainant’s appeal against
the decision was rejected by the Federal Administrative Court on 22 November 2012.
2.10 On 14 March 2013, the OFM informed the complainant that, according to
information received on 13 March 2013, he had been granted refugee status in Italy.
Subsequently, the OFM overturned its decision of 9 November 2012, as the complainant’s
case no longer fell within the scope of the Dublin Regulation.
2.11 On 15 March 2013, Dr. B. submitted a medical certificate to the Neuchâtel
migration service, which confirmed that the complainant was undergoing a series of
medical examinations for a “serious medical problem” and that he was therefore unfit to
travel. Another medical report prepared by a urology specialist, dated 11 March 2013,
stated that the complainant was suffering from severe microhematuria which required
further examination. On 26 March 2013, in accordance with the European Agreement on
the Transfer of Responsibility for Refugees, the OFM requested the Italian authorities to
readmit the complainant, and they agreed on 22 April 2013.
2.12 On 25 July 2013, the hearing to which the complainant had been summoned by the
OFM was cancelled owing to the lack of an interpreter. On 13 March 2014, Caritas
Neuchâtel, which was representing the complainant, sent a letter to the OFM requesting the
resumption of proceedings. On 27 March 2014, the OFM informed the complainant of its
intention to issue a decision not to consider his case and to deport him to Italy, given that he
had already been granted refugee status and that he had been given the opportunity to
respond in writing. On 24 April 2014, Caritas Neuchâtel sent the complainant’s personal
account of his experience and health problems to the OFM, as well as a new medical
certificate dated 21 April 2014.
2.13 According to the medical certificate issued by Dr. B., the complainant had been
treated by the same doctor since October 2012 and a strong therapeutic relationship had
been established which had served to stabilize the complainant’s state of health. Dr. B. also
confirmed that the complainant was suffering from severe depressive disorder in addition to
his physical health problems.7 The report indicated that “his current bout of depression was
triggered by the uncertainty over his asylum situation and the fact that he has to live out his
days with a mutilated body”8 and stated that the complainant must make frequent visits to
the doctor and take medicine on a regular basis or his state of health would rapidly
deteriorate. The report also indicated that the complainant suffered from numerous allergies.
4
5
6
7
8
GE.19-01969
Regulation (EC) No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for
determining the Member State responsible for examining an asylum application lodged in one of the
Member States by a third-country national.
Family doctor.
The medical report indicated that the complainant was 1.79 m tall and weighed 58 kg and that he
complained of: painful throbbing in his right hemiabdomen, concentrated in the inguinal region and
on his right side; pain in his upper groin; scars on his scrotum; painful throbbing in his testicles; and a
scar on his right side. The report presented the following diagnosis: “post-traumatic urinary disorders
to be examined; continuous depressive disorder (unexamined post-traumatic stress syndrome); sleep
disorders; and ‘allergies’ of unknown origin”. The doctor recommended long-term treatment.
Urinary problems associated with the loss of blood in the urine, urinary incontinence, chronic gastritis
and problems affecting the perianal region.
The certificate also stated that “his various medical problems were, for the most part, the consequence
of torture inflicted during his time in prison in his home country”.
3