CCPR/C/119/D/2512/2014

She claims that her deportation to Italy will put her and her children at risk of inhuman and
degrading treatment, in violation of article 7 of the International Covenant on Civil and
Political Rights. The author is represented by the Danish Refugee Council. 1
1.3
On 19 December 2014, pursuant to rule 92 of the Committee’s rules of procedure,
the Committee, acting through its Special Rapporteur on new communications and interim
measures, requested the State party not to deport the author and her two children to Italy
while their case was under consideration by the Committee.
1.4
On 23 December 2014, following the Committee’s request, the Refugee Appeals
Board (Flygtningenævnet) suspended the time limit for the departure of the author and her
two children from Denmark, until further notice.
1.5
On 8 September 2015 and 2 May 2016, the Committee, acting through its Special
Rapporteur on new communications and interim measures, denied the State party’s request
to lift the interim measures.
The facts as submitted by the author
2.1
The author originates from Teheran, Islamic Republic of Iran. She is of Persian
ethnicity and has converted from Islam to Christianity. She has three children. Her oldest
son, aged 22 at the time of the submission of the communication (born in 1992), is
currently in Italy, while her two other children are accompanying her in Denmark: M.M.,
18 years old,2 born in Teheran, and M.D., 3 years old, born in Italy.
2.2
The author fled the Islamic Republic of Iran through Greece in 2008 with her former
husband and their children, due to her former husband’s political activities for the Kurdish
Komeleh party. The family arrived in Forlì, Italy, in 2008, and was subsequently sent to
Foggia, in southern Italy. The family was granted international protection in Italy in 2008.
2.3
During her stay in Italy, the author became involved in the Christian community,
and in Denmark she converted to Christianity and was baptized.
2.4
The family stayed for the first three months in Italy in an asylum centre. After three
months, a dwelling was provided for them. After the family was granted refugee status,
they had difficulties paying the rent, as they could not find steady employment. The
author’s daughter, M.M., attended a Catholic school.
2.5
During the family’s stay in Italy, the author’s former husband became addicted to
narcotics. The author and her children were subjected to domestic violence, they were
impoverished and the author was forced by her former husband to prostitute herself. After
the birth of her youngest son, the author decided to leave her former husband and take her
children with her.
2.6
The author suffers from bipolar disorder and depression. After the family’s stay in
reception facilities, she had serious difficulties in financing her medical treatment. In 2009,
she was diagnosed with cervical cancer, but could not afford to undergo surgery in Italy.
The operation was finally financed by some of her friends, but the author could not afford
the post-surgery treatment.
2.7
The author’s youngest son, D.M., was born in Italy in November 2011. He suffers
from a heart disease, atrial septal defect, which has required regularly medical examination
and control.
2.8
The author’s residence permit in Italy expired on 19 October 2012 and was not
renewed due to her departure for Denmark.
2.9
The author arrived in Denmark on 16 July 2012, and applied for asylum. In October
2012, the Italian authorities accepted the request by Denmark to accept the family back in
Italy, in accordance with the Dublin II Regulation. However, due to the living conditions
for asylum seekers in Italy, the Danish Ministry of Justice reviewed the decision, and
determined on 13 May 2013 that the author and her two children should have their
1
2

2

And subsequently by Hannah Krog of ng6Advokater.
At the time that the communication was submitted to the Committee.

Select target paragraph3