- 145 8. The Committee against Torture, acting under article 22, paragraph 7, of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, concludes that the petitioner’s removal to Somalia by the State party would not constitute a breach of article 3 of the Convention. Notes a Counsel refers to the 1999 Country Report on Human Rights Practices in Somalia, Bureau of Democracy, Human Rights and Labor, United States Department of State. b Case No. 120/1998 of 14 May 1999. c In this context, he refers to the report on the situation of human rights in Somalia of the Special Rapporteur of the Commission on Human Rights which noted the UNHCR policy of voluntary repatriation and the “dumping” in Somalia of asylum-seekers by some Western countries, which had led to problems of safety for rejected asylum-seekers. He also refers to the opinion of the same Special Rapporteur who expressed alarm at a plan being considered which would make it difficult for Somalis to seek asylum in European Union Member States, and stated that in the absence of recognized structures in Somalia that the international community could formally call upon for human rights protection, Somalis should not be forced to return to Somalia. See E/CN.4/2000/110, para. 85 d United States Department of State 1999 Country Report on Human Rights Practices in Somalia, p. 10. e The State party refers to the United States Department of State Country Report on Human Rights Practices of 1999 which states that “boys as young as 14 or 15 years of age have participated in militia attacks, and many youths are members of the marauding gangs known as ‘morian’ or ‘parasites’ or ‘maggots’”. f In Elmi v. Australia, it was found that “those factions exercise certain prerogatives that are comparable to those normally exercised by legitimate Governments. Accordingly, the members of those factions can fall, for the purposes of the application of the Convention, within the phrase ‘officials or other persons acting in an official capacity’ contained in article 1”. g Comment on Somalia’s quasi-governmental institutions by the Researcher on Somalia, Dr. Martin Hill, of the International Secretariat of Amnesty International in London. h The report of the assessment mission to Mogadishu, Hiran Bay, Middle Shabelle and Lower Shabelle Regions from 23 February to 4 March 1991 to the Inter-NGO Committee for Somalia (United Kingdom and Kenya) states that “there are an estimated 3,500 people on the police force at the moment” and that “police were visible mainly at the airport, and sometimes on the street”. The report also says that there was a significant problem of looting, killing and assaults.