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30/11/2022
IT: The Cassation Court highlighted the manner in which the determining authority must assess cases involving victims of torture who request international protection.

ECLI
Input Provided By
Individual Expert
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
Italy, Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione], Applicant v Ministry of the Interior, 36790/2022, 30 November 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=3075
Case history
Other information
Abstract

In the current case the applicant, a member of the Kurdish ethnic group, had reported being taken to police custody, and being beaten and tortured in Türkiye. Medical documentation of both the applicant's scars and his severe state of mental prostration was submitted to the territorial court.


The Supreme Court upheld the appeal and stated that, in international protection related matters, the assessment of credibility of statements made by the applicant who has suffered physical or mental trauma from torture must be conducted on the basis of the criteria set forth in the Istanbul Protocol, and, in particular, the expert medico-legal certification must be considered in conjunction with the statements made by the applicant, during the verbalization of applications and during the hearing, as well as information about the country of origin and other documents or testimony brought to the attention of the determining authority.


Country of Decision
Italy
Court Name
IT: Supreme Court of Cassation - Civil section [Corte Supreme di Cassazione]
Case Number
36790/2022
Date of Decision
30/11/2022
Country of Origin
Türkiye
Keywords
Applicant with disabilities
Assessment of evidence/assessment of documents
Credibility
Torture or inhuman or degrading treatment or punishment
Vulnerable Group
Source
Italgiure
RETURN