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 3

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