Author
The Asylum Act contains a general provision on the right of asylum seekers to submit supporting evidence in the asylum procedure.[1] It further foresees the possibility for SEF/AIMA to request reports on specific issues from experts (e.g. cultural or medical) during the regular procedure.[2] Nevertheless, there are no specific standards in law or administrative guidance relating to medical reports for those claiming to have been subjected to torture or other serious acts of physical, psychological and sexual violence.
The lack of standard operational procedures regarding the issuance, content and relevance of medical reports in the asylum procedure has been highlighted in the particular case of survivors of torture and/or serious violence.[3] According to the available information, medical reports are currently not issued based on the methodology laid down in the Istanbul Protocol.
According to CPR’s observations, the procedures and criteria followed by the authorities in order to request medical evaluations (including concerning mental health) were also unclear. Within the context of the right of reply of the authorities to the draft AIDA report, AIMA affirmed that if it identifies a particularly vulnerable person or health needs, it will make referrals for appropriate social and/or psychological/psychiatric support to be provided. However, the Agency did not provide further details on the criteria and procedures used to that purpose. Furthermore, AIMA did not provide information regarding its procedures to request medical examinations or reports moto proprio.[4]
[1] Article 15(2) Asylum Act.
[2] Article 28(3) Asylum Act.
[3] Italian Council for Refugees et al., Time for Needs: Listening, Healing, Protecting, October 2017, available at: https://bit.ly/3gEoe1T.
[4] Information provided by AIMA on 25 June 2024.