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05/08/2022
NL: The Court of the Hague confirmed a Dublin transfer to Italy as it found it was not contrary to the Article 3 ECHR.

ECLI
ECLI:NL:RBDHA:2022:8048
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
European Convention on Human Rights
Reference
Netherlands, Court of The Hague [Rechtbank Den Haag], Applicant v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid), NL22.14199, ECLI:NL:RBDHA:2022:8048, 05 August 2022. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2703
Case history
Other information
Abstract

The applicant contested a Dublin transfer to Italy, alleging that he would be at risk of inhuman or degrading treatment. He also argued that he suffers from diabetes, and he is in continuous need of medication, and he would not have access to healthcare in due time. The Court of the Hague rejected the appeal and stated that although there are certain shortcomings in the asylum and reception system in Italy, the State Secretary may reply on the principle of mutual trust and interstate legitimate expectations. It stated also that it results from the AIDA country report that Dublin applicants have access to medical treatment, and they do not face a situation of material deprivation that would amount to a violation of Article 3 ECHR.


Country of Decision
Netherlands
Court Name
NL: Court of The Hague [Rechtbank Den Haag]
Case Number
NL22.14199
Date of Decision
05/08/2022
Country of Origin
Unknown
Keywords
Dublin procedure
Medical condition
Reception/Accommodation
Torture or inhuman or degrading treatment or punishment