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i
The State party refers to the Committee’s decision in X, Y and Z. v. Sweden, case No.
61/1996, adopted on 6 May 1998, in which it stated that “past torture is one of the elements to be
taken into account by the Committee when examining a claim concerning article 3 of the
Convention, but … the aim of the Committee’s examination of the case is to find whether the
petitioners would risk being subjected to torture now if returned”.
j
According to the State party, when questioned about the Barre regime the President stated the
following “I was a member of Siad Barre’s Government. Let me state that there are, right now
in Somalia, three generations. The first generation of independence. … [t]he second generation
is my generation, and practically everyone of my generation had a role in 20 years of
government. That was not Siad’s Government, it was the nation’s Government. Siad was the
President, the man who was leading Somalia for 20 years. Everyone was in Somalia intellectual or otherwise - served in one or another capacity in that administration. Not
necessarily as a minister, but in any capacity.”
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