U.I. and G.A.I. v. Switzerland

Communication № 74/2021
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Deportation to North Macedonia has been suspended pending the Committee's decision on the complaint
flag Switzerland / flag Macedonia / Committee on the Elimination of Racial Discrimination
Case type: expulsion / deportation

The applicants in the case are the husband (“U.I.”) and the wife (“G.A.I.”), nationals of North Macedonia of Roma ethnicity. The case concerns the rejection of their asylum application and the applicants’ deportation from Switzerland to North Macedonia.

Circumstances of the case

In North Macedonia U.I. was on numerous occasions threatened with death because of his political activities. He complained on several occasions to the police, but they refused to help because of his Roma ethnicity. G.A.I. was also threatened and beaten. She was subsequently subjected to sexual abuse. Due to the sustained trauma she has developed post-traumatic stress disorder and paranoid schizophrenia.

The Swiss authorities rejected their application for asylum and ordered the applicants and their three minor children to be deported to North Macedonia.

Complaint to the Committee on the Elimination of Racial Discrimination

In the complaint to the Committee we argued that if U.I. and G.A.I. were to be deported to North Macedonia, the local police would not protect them from violence because of their Roma ethnicity. We also argued that in the country of origin G.A.I. would not have access to adequate treatment for her mental disorders because of discrimination against Roma in public health and social security spheres. Thus, deportation of U.I. and G.A.I. would violate the provisions of Article 5 of the International Convention on the Elimination of all Forms of Racial Discrimination, taken in conjunction with Article 2 (1) (a).

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On 7 January 2021, the Committee indicated to the Government of Switzerland an interim measure requesting it not to deport the complainants to North Macedonia pending examination of their case.

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