- 141 during which the Hawiye clan members stated that they wanted his house. In the event that his second recollection of events is correct, it does not appear that the individual concerned was acting in an official capacity. In addition, the petitioner does not say that either his wife or father-in-law recognized the attackers as being leaders of the clan or holding any position of authority within the clan, despite the fact that they were both members of the same clan. 4.8. With respect to the incident in his father-in-law’s house where the petitioner was wounded and his sister-in-law was shot, the State party argues that although it is probable that members of the USC were under orders to arrest, torture or kill UNOSOM informants at that time, there is no explanation for why the sister-in-law - who presumably did not work for UNOSOM - was killed and the petitioner himself only wounded. If the USC militia was acting in an official capacity, the representations made by the petitioner’s father-in-law would have been ignored unless he held some position of authority within the USC or the Hawiye clan. There is no evidence that this was the case. 5.1 On the merits, the State party argues that there is no evidence that the petitioner would now face a risk of torture from the Government if he had returned to Somalia on the basis of either his father’s former involvement with the Barre regime or his employment with UNOSOM.i It states that the evidence available to Australia suggests that the new Government of Somalia, which has been elected along strict clan lines, is headed by an interim President who was himself a minister in the former Barre regime.j The President appointed as his Prime Minister a former member of the Barre regime who served as Minister of Industry between 1980 and 1982. The Transitional National Assembly, consisting of 245 seats, includes representatives from minority clans as well as the dominant clans in Somalia. In addition, there are currently three Shikal representatives in this Assembly who are part of the Hawiye clan allocation of representatives. These representatives were also closely linked with the former Barre regime. The fact that both the President and Prime Minister of the newly formed Government were ministers in the former regime indicates that senior members of the former regime are no longer targeted, although they might have been immediately following the downfall of the Barre regime. 5.2. The State party also refers to the interim President’s address to the United Nations General Assembly on 19 September 2000, in which he extended his appreciation to the United Nations for its efforts to alleviate the plight of the Somali people over the past 10 years and described the recent creation of Somalia’s National Assembly as the beginning of a new era of peace and stability. 5.3. Although the State party does not deny that the attacks on the petitioner, his wife, his sister and sister-in-law may have occurred and that at that time and immediately afterwards the petitioner may have felt particularly vulnerable to attack by USC militia, and that this fear may have caused him to flee Somalia, this is not evidence that he would now face a threat from either of the two factions of the USC. In this context, the State party adds that the leader of one of the factions is also a member of the Transitional National Assembly and has indicated that he supports the new President.