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European Court of Human Rights |
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You are here: BAILII >> Databases >> European Court of Human Rights >> B.M. AND OTHERS. v. DENMARK - 4346/12 (Communicated Case) [2012] ECHR 1274 (03 July 2012) URL: http://www.bailii.org/eu/cases/ECHR/2012/1274.html Cite as: [2012] ECHR 1274 |
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FIRST SECTION
Application no. 4346/12
B.M. and Others
against Denmark
lodged on 13 January 2012
STATEMENT OF FACTS
THE FACTS
The applicants are Afghan nationals. It is unknown when the spouses left Afghanistan and entered Italy, which they left voluntarily after less than 24 hours. It is also unknown when they arrived in Denmark.
On 20 October 2011 the Immigration Service found that the applicants should be returned to Italy under the Dublin Regulation. The applicants appealed against the decision to the Ministry for Refugee, Immigration and Integration Affairs, before which the case is still pending. It has no suspensive effect. On 6 January 2012 the spouses had a daughter. The representative, the Danish Refugee Council, submitted that the applicant father suffers from mental health problems.
COMPLAINT
The applicants complain under Article 3 of the Convention about their deportation to Italy. In particular, they refer to the living conditions of asylum seekers and refugees in Italy.
QUESTION TO THE PARTIES
Would the applicants face a risk of being subjected to treatment in breach of Article 3 of the Convention if deported to Italy?