R.R., an Iranian national, who converted to Christianity. The author has three children. 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.
During staying in Italy, the author became involved in the Christian community, and in Denmark she converted to Christianity and was baptized. 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. 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. 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. The author’s youngest son, D.M., was born in Italy in 2011. He suffers from a heart disease, atrial septal defect, which has required regularly medical examination and control. The author’s residence permit in Italy expired in 2012 and was not renewed due to her departure for Denmark. The author arrived to Denmark and applied for asylum. In 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 that the author and her two children should have their application for asylum processed in Denmark for humanitarian reasons.

In 2014 the Danish Immigration Service rejected the author’s asylum application. Although it recognized that the author was to be regarded as a person in need of protection under section 7.1 of the country’s Aliens Act, it deemed that Italy should serve as the author’s first country of asylum, as provided in section 7.3 of the Aliens Act, of Denmark. The Refugees Appeals Board rejected the author’s application. The Board determined that Italy constituted the author’s first country of asylum, in the following manner: “The majority notices that there is newer disturbing background information regarding the current conditions in Italy but — after a complete assessment — does not find that it can be established that Italy cannot and will not make sure that the applicant achieves adequate economic and social conditions including the necessary medical help.”
The author expected her deportation to Italy to be imminent when she submitted her communication to the CCPR that by forcibly returning her and her two children to Italy, the State party would violate their rights under article 7 of the Covenant. She states that her family unit is particularly vulnerable, and runs a real risk of facing inhuman and degrading treatment upon return to Italy. On the basis of her prior experience in Italy, and the general information available, the author claims that she and her children face a real risk of facing homelessness and destitution, with limited access to the necessary medical care.
The CCPR considers that the removal of the author and her two children to Italy in these particular circumstances, and without the aforementioned assurances, would amount to a violation of article 7 of the Covenant. The Committee, acting under article 5 (4) of the Optional Protocol, is of the view that the deportation of the author and her two children to Italy without proper assurances would violate their rights under article 7 of the Covenant.