FIRST SECTION

Application no . 25404/12 M.S.M. and Other s against Denmark lodged on 25 April 2012

STATEMENT OF FACTS

THE FACTS

The applicant spouses are Somali nationals, who entered Italy around November 2008 and were granted a residence permit on humanitarian grounds. They had a daughter there, who is currently approximately two and a half year old. On 31 October 2011, the family entered Denmark and requested asylum. On 30 November 2011 the Immigration Service found that the applicants should be retu r ned to Italy via 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 2 February 2012, the applicant spouses had another child.

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 S TO THE PARTIES

1. Would the applicants face a risk of being subjected to treatment in breach of Article 3 of the Convention if deported to Italy ?

2. Did the applicant s have at their disposal an effective domestic remedy for their complaint under Article 3 , as required by Article 13 of the Convention?