4.5 The State party refers to the Committee's View's in Elmi v. Australia, Case No. 120/1998, adopted on 14 May 1999 (6), and accepts that, although some clans may operate as quasi-governmental institutions in some areas of Somalia, this must be clearly differentiated from random acts of violence committed by individuals acting in a private capacity. There is no evidence to suggest that all members of a dominant clan at all times are acting in a quasi-governmental capacity. It would also be difficult to determine whether militia are acting under specific orders at any particular time as "security forces are unreliable, unpaid, untrained for peaceful duties and often out of control." (7) To support its argument on the necessity to consider whether acts are conducted in a public capacity or in a private capacity in order to determine whether those acts constitute torture the State party provides academic commentary and views of international and national courts and tribunals. 4.6 In addition, the State party contends that there is no evidence to suggest that the alleged acts took place as a result of either, decisions made by clan hierarchy, or orders from USC leaders. Neither is there any evidence to suggest that the alleged acts were instigated on behalf of the clan or militia or that either the clan or militia acquiesced or had any knowledge of the alleged acts. To support this argument, the State party makes the following observations on the author's description of events. With respect to the alleged rape and murder of the petitioner's sister at his family home, the State party says that the petitioner's allegation that this was at the instigation of the USC who were seeking out members of the police force of the former regime, including the petitioner's father, is not consistent with a report of the Assessment Mission to Mogadishu, in 1991. (8) The State party is of the opinion that this incident was probably a consequence of the general climate of violence described as prevalent in Mogadishu at that time, rather than the acts of persons carrying out orders by USC leaders to torture and kill families of former members of the Barre regime. 4.7 With respect to the murder of his wife and the assault on the petitioner himself, the State party points out that the petitioner gave two versions of the incident. Previously, he said that his house was struck by a bomb during fighting between Aideed's forces (USC) and UNOSOM. Subsequently, the petitioner claimed that the attack on his home followed earlier conversations with members of the Hamiye clan regarding his father's employment with the Barre regime, 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 recognised the members 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-laws 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 militia were under orders to arrest, torture or