Italy: Withdrawal of Dublin transfer to Latvia on the grounds of systemic deficiencies violating human rights

Thursday, October 17, 2019

On 17 October 2019, the Tribunal of Rome withdrew a decision relating to a Dublin transfer to Latvia due to well-founded risk of inhuman treatment upon return.

Before arriving in Italy, the applicant spent nine months in Latvia where he claims that he was forced to live in a closed facility without access to legal support while his asylum proceedings were ongoing.

Recalling the CJEU findings in the case C.K. and others v. Republika Slovenija, the Tribunal of Rome considered that the risk of inhuman treatment under Article 4 of the Charter is related not only to the systemic deficiency of the asylum system, but also the general situation in the country. The Tribunal noted that Latvia is still facing deficiencies in the safeguarding of fundamental rights of vulnerable people and detainees.

It noted that the applicant received medical care in Italy and had made a consistent effort to integrate himself in the Italian society. For these reasons, the Court concluded that in the event of return to Latvia the applicant would be exposed to additional existential trauma together and a well-founded risk of inhuman treatment. The Court ordered the withdrawal of the removal order.

Thank you to Francesca Zalambani, Legal Assistant at ECRE, for assisting us with the summary. Based on an unofficial translation by the EWLU team.

Photo: Rosa Menkman, October 2015, Flickr (CC)

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.



Inhuman or degrading treatment or punishment