The case concerned an applicant from Bangladesh who claimed to have left the country due to fear of persecution linked to his brother’s membership in a political party. He escaped the country through Egypt and Libya, and then he arrived in Malta. In Malta he was detained for 16 months and, due to inhumane and degrading conditions of the detention centre, he fell ill and spent two months in hospital. Due to fear of being sent back to Bangladesh, he escaped to Greece and arrived in Italy in August 2021. Here, the Dublin Unit of the Ministry of Interior ruled for his transfer to Malta, and the applicant appealed the decision.

The Tribunal of Rome noted that the risk of inhumane and degrading treatment upon transfer to Malta is well-founded, taking into consideration reports from the European Council for Refugees and Exiles (ECRE), Amnesty International, the US Department of State, and UNHCR. The Tribunal noted that the transfer was in violation of Articles 3.2, 4, 5 and 17 of the Dublin III Regulation and ruled to annul the decision.