Communicated on 5 July 2017

FIRST SECTION

Application no 36986/17 Sabaly BACARY against Italy lodged on 24 May 2017

STATEMENT OF FACTS

The applicant is a Senegalese national, allegedly seventeen years old, arrived in Italy on 16 September 2016 without any identity document after one year of travelling through Mali, Burkina Faso, Nigeria and Libya. The applicant indicates having been victim of human trafficking.

On 3 January 2017, the applicant, who resided at the time in the Early Reception Centre ( Centro di prima accoglienza ) situated in Rome, Via Pietralata , was accompanied by an Italian Red Cross ’ operator to the Rome Police station together with seven other minors .

The police asked the competent offices of the City Hall indications in order to place the minors.

The applicant was then identified on the basis of his statements as being born on 1 st October 2000 and transferred to the Early Reception and Aid Centre ( Centro di soccorso e prima accoglienza – CSPA), situated in Rome, Via Annibale di Francia .

On the same day, the staff on duty at the CSPA filled out a fact sheet about the applicant at the presence of a cultural mediator and, on 5 January 2017, the applicant was interviewed.

On 9 January 2017 the applicant underwent a radiographic examination of the left wrist aimed at assessing his age. The m edical Committee, consisting of a paediatrician and a radiologist, stated, on the basis of the Greulich -Pyle method , that the applicant was about nineteen years old.

The applicant was then handed over to the police authorities and he is now residing at the Italian Red Cross Centre in Rome. The applicant is currently under investigation for having falsely declared his age (Article 495 of the criminal code).

COMPLAINTS

1. Invoking Article 3 of the Convention, the applicant complains about the reception conditions in the Italian Red Cross Centre, where he lives together with other eighty adults and where the conditions are not suitable to his vulnerable situation of unaccompanied minor, victim of human trafficking.

2. He invokes also Article 8 of the Convention, stating that the situation described in the facts seriously affects his right to respect for private life, due to his retention ’ s conditions, as well as his family life, namely his right to live in a family environment respectful of his personality and culture.

QUESTIONS TO THE PARTIES

1. Has there been a violation of Article 3 of the Convention due to the reception ’ s conditions of the applicant at the Italian Red Cross centre in Rome?

2. Have the national authorities adopted all measures imposed by domestic and international law in order to ensure an adequate protection of the applicant, considering his alleged status of unaccompanied minor , namely during the applicant ’ s age assessment procedure ?

Has there been in the present case an infringement of the guarantees provided for by Articles 3 (prohibition of inhuman and degrading treatment) and 8 (respect for private and family life) of the Convention?