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

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