FIRST SECTION

Application no . 4346/12 B.M. and Others against Denmark lodged on 13 January 2012

STATEMENT OF FACTS

THE FACTS

The applicants are Afghan nationals. It is unknown when the spouses left Afghanistan and entered Italy , which they left voluntarily after less than 24 hours. It is also unknown when they arrived in Denmark .

On 20 October 2011 the Immigration Service found that the applicants should be retu r ned to Italy under 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 6 January 2012 the spouses had a daughter. The representative, the Danish Refugee Council, submitted that the applicant father s uffer s from mental health problems.

COMPLAINT

The applicant s 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 TO THE PARTIES

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