Abstract

The recent decision taken by the CAT in the "A.N. v. Switzerland" case sheds a grim light on the deportations carried out by Switzerland to Italy under the 'Dublin' Regulation. The Committee considers that the deficiencies of the Italian reception system may hinder the therapeutic treatment needed by the applicant as a torture survivor. Deportation from Switzerland to Italy may thus imply a violation of art 3 ("non-refoulement"), art. 14 (right to rehabilitation) and art. 16 (prohibition of ill-treatment) of the UN Convention against Torture and other Cruel, Inhuman and Degrading Treatment. The decision may potentially have a very significant impact on the Swiss implementation of the Dublin III Regulation. A more thorough and careful assessment of the peculiarities and vulnerabilities of each case is needed or, in the alternative, a broader use of the sovereignty clause.