Communicated on 1 1 October 2019

FOURTH SECTION

Application no. 46595/19 M.T. against the Netherlands lodged on 5 September 2019

SUBJECT MATTER OF THE CASE

The application concerns an Eritrean family consisting of a single, widowed, mother (the applicant) and two children aged 6 and (almost) 4. The applicant ’ s asylum application was not taken up for consideration by the Dutch authorities as it was found that the Italian authorities were responsible for the processing of that application pursuant to the Dublin Regulation. It was held that the entry into force of the new Italian Law No. 132/2018 – the so ‑ called “ Salvini Decree” – did not lead to the conclusion that the asylum proceedings and reception conditions in Italy were affected by such systemic shortcomings that reliance could no longer be placed on the principle of mutual interstate trust ( interstatelijk vertrouwensbeginsel ).

The applicant complains that her family ’ s return to Italy under the Dublin Regulation, without individual guarantees from the Italian authorities that they will be provided with adequate reception facilities and access to medical care, will breach Article 3 of the Convention.

QUESTIONS TO THE GOVERNMENT OF THE NETHERLANDS

1. After the Dutch authorities had informed their Italian counterparts of the imminent transfer of the applicant and her children, information which was accompanied by a so-called common health certificate concerning the youngest child, was a response received from the Italian authorities and, if so, what was that response?

In this regard, the Dutch Government ’ s attention is drawn to the fact that in the proceedings before the Regional Court of The Hague sitting in Haarlem it was submitted on behalf of the Deputy Minister of Justice and Security that a decision on whether the authorities would actually proceed with the return to Italy of the applicant and her children was dependent on the reaction of the Italian authorities to the medical information concerning the applicant ’ s youngest child .

2. In the light of the applicant ’ s claims and the conditions for the applicant and her children ’ s accommodation in Italy, would they face a risk of being subjected to treatment in breach of Article 3 of the Convention if returned to Italy?

3. Before deciding on the applicant ’ s family ’ s return, did the Dutch authorities consider her claim that they would be exposed to a risk of being subjected to inhuman treatment if returned to Italy ? In particular, did the Dutch authorities consider whether they possessed sufficient assurances so that, if returned, the applicant ’ s family would be received in facilities and in conditions adapted to the age of the children, and that the family members would be kept together ( Tarakhel v. Switzerland ([GC], no. 29217/12, 4 November 2014)?

FACTUAL QUESTIONS TO THE ITALIAN GOVERNMENT

1. In the light of the Court ’ s judgment in Tarakhel v. Switzerland ([GC], no. 29217/12, 4 November 2014), what guarantees, if any, have been given by your Government to the Government of the Netherlands in connection with the applicant ’ s family ’ s return to Italy?

2. In the light of the Court ’ s judgment in Tarakhel , cited above, is the Dutch authorities ’ assumption – based on the circular letter of the Italian authorities to EU Member States of 8 January 2019 – that third-country nationals returned to Italy under the Dublin Regulation ( EU Regulation No. 604/2013 of the European Parliament and of the Council of 26 June 2013 ) will be provided with adequate reception facilities correct?

3. In 2019, were all families with minor children who were returned to Italy under the Dublin Regulation provided with accommodation? If that was not the case, how often did it occur that no accommodation was provided?

4. In this connection, what, if any, concrete, practical and effective steps are taken by the Italian authorities, upon receipt of a notification of an impending transfer under the terms of the Dublin Regulation of a family with minor children, such as in the present case, to ensure that the applicant ’ s family will be received in facilities and in conditions adapted to the age of the children, and that the family members will be kept together upon arrival in Italy?

5. Has the applicant previously left accommodation assigned to her in Italy for more than 72 hours without prior notice?

If so, does that affect any rights she may have to be provided with accommodation again?