CEDAW/C/76/D/122/2017
2.4 The author claims that, since she was sent back, her mental health has
deteriorated, as attested by psychiatric and psychological reports. A report dated
13 July 2016 confirms that she is suffering from various type s of trauma and
significant post-traumatic stress disorder. The report attests that she was held captive
by the Somali group Al-Shabaab in Somalia, which kept her as a sex slave for years,
and that she was sexually abused during the two years she spent in Italy. Medical
reports also confirm that she has been the victim of numerous crimes classified as
acts of terrorism and that she has been exposed to the horrors of the war and the
hostilities in Somalia.
2.5 On 12 August 2016, the author filed a new asylum application in Switzerland
through her lawyer, as well as a request to move to another canton. On 10 October
2016, the State Secretariat for Migration issued a second decision of
non-consideration and ordered the author’s return to Italy. On 20 October 20 16, it
denied the author’s request to move to another canton. On 5 December 2016, the
Federal Administrative Court annulled the decision of the State Secretariat on appeal
and ordered a further investigation into the case. On 25 January 2017, the State
Secretariat for Migration issued another decision of non-consideration and ordered
the applicant’s return to Italy. On 19 July 2017, the Court rejected the author’s appeal.
2.6 On 16 August 2017, the author requested the State Secretariat for Migration to
reconsider its decision, in particular with regard to her removal to Italy. She also
brought new facts to bear, namely, that she was pregnant and due to give birth in
February 2018, and that she and her husband had entered into a civil marriage in
Switzerland on 7 April 2017. On 22 August 2017, the State Secretariat refused to
consider her request. On 29 September 2017, the Federal Administrative Court upheld
that refusal on appeal, on the grounds that the appeal had been frivolous and
constituted an abuse of right.
2.7 On 29 March 2018, the author further informed the State Secretariat for
Migration that she had given birth to a daughter on 21 February 2018. In those
circumstances, she argued, it would be unthinkable to send her back to Italy, as she
would find herself alone there with a newborn child in her care. She claimed that
forcing her into such conditions would constitute a violation of the Convention. She
had already been subjected to gender-related trauma, in particular sex slavery, forced
marriage and abortions. Sending her back would subject her to an additional violation,
as she would have the responsibility of raising her newborn child in psychologically
and physically challenging circumstances, alone and far away from her husband.
2.8 The author makes reference to numerous reports on the context in Italy in the
face of the Mediterranean migration crisis 2 and on vulnerable asylum seekers, in
particular women victims of trafficking and prostitution. The author stresses that,
while it is possible, in principle, to get access to health care in Italy, only partial
financial coverage by the State is possible during the first two months, and access
would be limited for the author because of social exclusion. 3 Furthermore, Italy does
not have a system to identify trafficked persons and its primary reception centres for
asylum seekers do not have a service offering psychological support. 4
__________________
2
3
4
20-11108
The author cites statistics of the Office of the United Nations High Commissioner for Refugees,
available at https://data2.unhcr.org/en/situations/mediterranean .
Médecins sans frontières, “Fuori campo – Richiedenti asilo e rifugiati in Italia: insediamenti
informali e marginalità sociale”, March 2016.
Médecins sans frontières, “Neglected trauma – Asylum seekers in Italy: an analysis of mental
health distress and access to healthcare”, 15 July 2016.
3/16