CAT/C/65/D/758/2016
2.14 On 6 August 2014, the OFM decided not to consider the complainant’s case and to
deport him to Italy, where, it concluded, the complainant could obtain appropriate medical
care. The OFM found that, since the Italian authorities had granted the complainant refugee
status, it was also their responsibility to provide him with the necessary support. It found, in
addition, that the complainant’s health problems were a result of the ill-treatment that he
had suffered in Ethiopia before his departure, that he had been living with those problems
for almost six years and that it did not appear from his file that his physical health had
deteriorated since then. The complainant filed an appeal, submitting a new medical report 9
and a medical certificate10 both dated 18 August 2014 and prepared by Dr. B., as well as a
list of the medicines that he required. In its preliminary opinion of 20 November 2014, the
OFM indicated that the appeal did not contain any new facts or evidence that might alter its
point of view and subsequently rejected it.11
2.15 On 19 December 2014, the complainant submitted his comments to the Federal
Administrative Court, arguing that his deportation would violate, inter alia, article 14 of the
Convention, as Switzerland would be impeding his rehabilitation insofar as he would have
no access to the specialized care that he needed in Italy. The complainant once again
described his living conditions in Italy and his health problems, and mentioned the fact that
Italy had given Norway assurances that he would be taken care of, a promise that was not
honoured upon his return to Italy in 2012. The complainant enclosed a new medical
certificate from Dr. B. dated 16 December 2014,12 and a list of the medicines prescribed to
him in 2015, explaining that his condition remained very complex and that he had had to
rush to hospital upon discovering that he was intolerant to a new medicine that he had taken.
2.16 On 1 March 2016, the Federal Administrative court rejected his appeal and
confirmed his deportation from Switzerland, deeming Italy to have medical facilities
similar to those in Switzerland and that there was no evidence to suggest that Italy would
refuse to provide the complainant with adequate medical care.
2.17 On 24 April 2016, Dr. B. prepared a new medical report detailing the deterioration
of the complainant’s health.13
The complaint
3.1
The complainant points out that, although he claimed before the Federal
Administrative Court that the Convention had been violated, the Court failed to comment
on the claims. The municipality of Grosseto refused to provide him with any kind of
support and he was forced to live in inhuman conditions, a claim for which no evidence can
be provided. However, the available information demonstrates that he had no access to the
9
10
11
12
13
4
Which concluded that “without appropriate treatment, medicine, meticulous hygiene, a suitable and
balanced diet and a stable environment, Mr. Harun’s state of health would deteriorate very quickly,
endangering his physical and psychological integrity. He would therefore no longer be able to lead a
life consistent with human dignity”.
Which confirmed that he was under examination for spitting up blood and underlined the need to
pinpoint the cause, which could be, inter alia, infectious or tumorous.
The preliminary opinion stated, inter alia, that the medical certificate of 18 August 2014, which
referred to examinations for spitting up blood, was incomplete as it failed to present a diagnosis and
contained no information that might assist in making one.
According to the certificate, the complainant’s urinary incontinence was a result of his having been
tortured in prison and, without protective diapers that could be changed daily and proper hygiene, it
could quickly lead to an infection of the genitourinary system and of the kidneys, which would have a
negative impact on his health. This incontinence could lead to social exclusion if it was not monitored
and treated. In addition, owing to his multiple food allergies and gastroesophageal problems, the
complainant rapidly suffered from nutritional deficiencies and weight loss in the absence of a stable
environment.
The report stated that the complainant was experiencing breathing difficulties on account of an allergy.
In February, his urinary problems had intensified, and he needed to urinate constantly, particularly at
night, and had again started to leak urine during the day. He felt very ill and was frightened by what
was happening to him. He was experiencing abdominal pain, especially in the region of his lower
abdomen and in his right side. It was as if a knife was being thrust into him. The report also described
the complainant’s urinary problems.
GE.19-01969