CEDH · CASELAW;COMMUNICATEDCASES;ENG — 25 juin 2012

.s800EAC49 { font-size:12pt } .sFE10DC93 { margin-top:0pt; margin-bottom:0pt; text-align:center } .sBB9EE52A { font-family:Arial } .s523616E0 { margin-top:0pt; margin-bottom:12pt; text-align:center; font-size:14pt } .s3E839E41 { margin-top:12pt; margin-bottom:30pt; text-align:center } .s58ABC179 { margin-top:30pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .s2D57E2E { font-family:Arial; font-weight:bold; text-decoration:underline; text-transform:uppercase } .s87F05BA2 { margin-top:12pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .s10950C61 { margin-top:0pt; margin-bottom:0pt; text-indent:14.2pt; text-align:justify } .sA36B60A1 { font-family:Arial; font-style:italic } .sEC177689 { margin-top:0pt; margin-bottom:36pt; text-indent:14.2pt; text-align:justify } .s967D43C6 { margin-top:36pt; margin-bottom:12pt; text-align:justify; page-break-inside:avoid; page-break-after:avoid; font-size:14pt } .sE208486F { font-family:Arial; color:#ff0000 } .s9296A950 { margin-top:36pt; margin-bottom:12pt; text-align:center; page-break-inside:avoid; page-break-after:avoid } .sD6E2332A { margin-top:12pt; margin-bottom:0pt } .sA1D3DA2E { margin-top:0pt; margin-bottom:0pt; text-align:justify }   FIFTH SECTION Application no. 32314/12 H.Y. against Sweden lodged on 30 May 2012 STATEMENT OF FACTS     The applicant is an Afghan national, who was born in 1997. He is represented before the Court by Mr B. Eriksson, his guardian ad litem , living in Oxelösund. The facts of the case, as submitted by the applicant, may be summarised as follows. On 24 January 2012 the applicant applied for asylum and a residence permit in Sweden. Before the Migration Board ( Migrationsverket ) he submitted that he had fled from Herat in Afghanistan together with his family in the summer of 2011. He had been separated from his family near the border between Iran and Turkey, and later he had come to Italy from Turkey. He stated that he had spent several months in Italy, most of the time living on the streets, where he had had to live with drug addicts and criminals. He further claimed that he had been beaten by the Italian authorities when he had refused to leave his fingerprints. Finally, he had arrived in Sweden, via Switzerland. The applicant claimed that his health status was poor and that he had experienced difficulty in breathing and had had trouble sleeping and eating properly. On 23 May 2012 the Migration Board dismissed the application and decided that the applicant should be transferred to Italy pursuant to the Dublin Regulation. The Board found that it would not contradict the best interest of the applicant, being a minor, if he were to be transferred to Italy in order to have his asylum application examined there. It stated that the applicant should be transferred as soon as possible and, at the latest, on 21 September 2012. The Board noted that the applicant had not submitted any medical certificate concerning his health problems and found that his health status did not give reason for the Swedish authorities to examine his application. Moreover, it considered that the conditions in Italy were not such as to give reason not to send the applicant there. The decision was immediately enforceable. The applicant appealed against the decision to the Migration Court ( Migrationsdomstolen ) where the case is currently pending. COMPLAINTS The applicant complains that his transfer by the Swedish authorities to Italy under the Dublin Regulation would be in violation of Article 3 of the Convention, due to the situation for asylum seekers in Italy. Moreover, he claims that his health condition would be seriously impaired if he were to be returned to Italy. Lastly, he complains under Article 13 that he was not given legal assistance before the Swedish authorities.   QUESTION TO THE PARTIES   In the light of the applicant’s claims and the documents which have been submitted, would he face a risk of being subjected to treatment in breach of Article 3 of the Convention if the transfer order to Italy was enforced?