CAT/C/22/D/120/1998
page 11
5.8
Counsel contests the State party’s argument that the author had in fact
been able to live in Somalia since the outbreak of the war in “relative
safety” and submits an affidavit from the author stating that, as an elder of
the Shikal clan, his father had been prosecuted by the Hawiye clan, especially
since he had categorically refused to provide money and manpower for the war.
Even before the outbreak of the war there had been attempts on the author’s
father’s life by the Hawiye clan. The family was told by the Hawiye that they
would suffer the consequences of their refusal to provide support to the clan,
once the Hawiye came into power in Mogadishu. The author states that he was
staying at a friend’s house when the violence broke out in December 1990 and
he learnt that his father had been killed during an attack by the Hawiye clan.
Only hours after his father’s death, the Hawiye planted and detonated a bomb
under the family home, killing one of the author’s brothers. The author’s
mother, other brothers and his sisters had already fled the house.
5.9
The author also states that, together with the remaining family members,
he escaped to the town of Medina, where he stayed during 1991. The Hawiye
clan attacked Medina on a number of occasions and killed Shikal members in
brutal and degrading ways. The author states that hot oil was poured over
their heads, scalding their bodies. Sometimes, when they received warnings
about Hawiye raids, the family would flee Medina for short periods of time.
On one occasion, upon returning after such a flight, the author learnt that
the Hawiye militia had searched the town with a list of names of people they
were looking for, including the author and his family. After one year of
constant fear the family fled to Afgoi. On the day of the flight, the Hawiye
attacked again and the author’s sister was raped for the second time by
a member of the militia. In December 1992, the author heard that the
United Nations was sending troops to Somalia and that the family would be
protected if they returned to Mogadishu. However, the author and his family
only returned as far as Medina, since they heard that the situation in
Mogadishu had in fact not changed.
5.10 After another year in Medina, the family once again fled to Afgoi and
from there to Ugunji, where they stayed for two years in relative peace before
the Hawiye arrived in the area and enslaved the members of minority clans and
peasants living there, including the author. The indigenous villagers also
had pale skin, therefore the militia never questioned the author and his
family about their background. However, when the family learnt that Hawiye
elders were coming to the village they once again fled, knowing that they
would be recognized. In the course of the following months the author went
back and forth between Medina and Afgoi. Finally, the family managed to leave
the country by truck to Kenya.
5.11 In addition to the grounds previously mentioned, the risk to the author
is increased by the national and international publicity which his particular
case has received. For example, Amnesty International has issued an Urgent
Action in the name of the author; Reuters news agency, the BBC Somali Service
and other international media have reported on the suspension of the author’s
expulsion following the request of the Committee; the independent expert of
the Commission on Human Rights on the situation of human rights in Somalia has
appealed in the author’s case and made reference to it both in her report to
the Commission on Human Rights and in oral statements, indicating that “[a]
case currently pending in Australia concerning a forced return to Mogadishu of