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

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