CERD/C/112/D/74/2021
herself with a stone and rubbing salt in her wounds to worsen the pain. She did not see a
doctor after these bouts of self-harm because she did not want the pain to stop.
2.8
On 24 or 25 February 2017, the petitioners and their children left Kocani. They entered
Switzerland illegally and, on 1 March 2017, applied for asylum there. In March 2017, G.I.
began treatment at the psychiatric department of Frutigen Hospital on account of her mental
state.
2.9
On 22 May 2017, a representative of the State Secretariat for Migration conducted
separate, detailed interviews with the petitioners, who each explained their reasons for fleeing.
On 29 May 2017, the State Secretariat rejected their asylum application. It found that North
Macedonia was considered to be a safe country of origin and that the threats against U.I. and
G.I.’s rape did not constitute relevant facts making them eligible for asylum. The State
Secretariat also indicated that the petitioners could change their place of residence in North
Macedonia and thus avoid potential persecution.
2.10 On 7 April 2017, the petitioners lodged an appeal with the Federal Administrative
Court against the decision of the State Secretariat for Migration. They claimed that G.I. was
suffering from post-traumatic stress disorder as a result of her rape and that she was
undergoing psychotherapeutic and medical treatment in Switzerland. The petitioners also
pointed out that because of the discrimination they faced in North Macedonia, as Roma
persons and because of their poverty, G.I. would not be able to receive the treatment she
needed. G.I.’s file before the Tribunal was supplemented on 25 July 2017 with a
psychological report dated 3 July 2017, written by a psychiatrist from Frutigen Hospital. It
was established in the report that G.I. had post-traumatic stress disorder and was experiencing
a moderate to severe depressive episode including suicidal ideation. The report also indicated
that she needed psychiatric help and care.
2.11 On 26 July 2017, a doctor from the psychiatric department of Frutigen Hospital
provided additional information about G.I.’s mental state. The doctor questioned whether she
could obtain adequate treatment and medication in her home country. Nevertheless, he found
that neuroleptics, also prescribed to U.I., were available in North Macedonia but were very
expensive. The doctor also pointed out that there were numerous indications, including G.I.’s
non-verbal behaviour, that she had been raped. This additional information was
communicated to the Federal Administrative Court in a letter dated 6 August 2017.
2.12 On 21 November 2019, the Federal Administrative Court asked the petitioners to
provide new medical documentation on G.I.’s mental state. On 13 January 2020, a doctor
from the psychiatric department of Frutigen Hospital drew up a report describing the
treatment under way, G.I.’s psychological state and the benefits of the treatment for her
progress. At the beginning of 2020, following the departure from Frutigen Hospital of the
psychiatrist in charge of her care, G.I. had to interrupt her treatment.
2.13 On 29 May 2020, the State Secretariat for Migration sent a notice to the Federal
Administrative Court confirming its previous decision on the petitioners’ situation. The State
Secretariat did not dispute the traumatic events experienced by G.I. and their psychological
consequences but indicated that her mental state was not such as to put her life in danger in
the event of her return to North Macedonia, where the medication she needed was available.
The State Secretariat also pointed out that the Social-Democratic Union of Macedonia
membership card that U.I. had submitted did not attest to his political activities and could
easily have been falsified.
2.14 On 30 July 2020, the Federal Administrative Court rejected the petitioners’ appeal. It
found that they had not proved that the North Macedonian authorities had failed to provide
them with protection after the threats and rape to which they had been subjected or that this
alleged failure was due to their membership of the Roma minority. The Court also found that
the petitioners had not given the North Macedonian authorities sufficient time to follow up
on their complaint, since they had left the country two or three days after the rape. The Court
also concluded that G.I.’s mental state was not so serious as to require medical treatment
outside of North Macedonia.
2.15 On 6 November 2020, the Biel Medical Centre recommended that G.I. be seen at the
University Hospital for Psychiatry and Psychotherapy in Bern. In its report, the Biel Medical
GE.24-07887
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