given the new political situation as described in paragraph 5.1 above, the State party submits that it is now unlikely that there would be any reason for him to find it necessary to relocate to Galkayo rather than Mogadishu. Petitioner's comments on the State party's submission 6.1 In response to the State party, the petitioner reaffirms his claim that he faces a substantial risk of torture in Somalia because, as a member of the minority Shikal clan, he is particularly vulnerable in the lawless conditions prevailing in the whole of Somalia. He says that the RRT accepted that the petitioner was vulnerable but rejected his claim as there was no nexus between the danger he faced and his clan membership. He submits that no such nexus is required under the Convention against Torture. 6.2 In dealing with acts of torture from so-called "non-State actors" or "quasi-State actors", it is submitted that the Committee should adopt a broad conception of the reach of state responsibility. In this regard, the petitioner points to the jurisprudence on the European Convention on Human Rights. It is not necessary, according to counsel, that the persons carrying out the acts of torture be somehow "charged with" or "authorised" by some competent organ. Article 1 of the Convention against Torture extends liability for acts of torture to include "acquiescence" of the responsible person. Furthermore, counsel argues, that as was recognised in Elmi v. Australia, where there has been a breakdown of government authority, private groups practicing torture are in effect "acting in an official capacity" in the area in question and article 3 relief should therefore be available. 6.3 According to the petitioner, recent peace initiatives have not ended the conflict in Somalia. In its most recent report on the situation of human rights in Somalia of 13 March 2001, the United Nations Commission on Human Rights noted that Mogadishu remains divided into fiefdoms controlled by the Transitional National Government and a variety of faction leaders. He noted that inter-faction clashes often lead to civilian casualties and loss of property, and it observed that there is a sense of lawlessness prevailing in the city. He claims that, as a member of the vulnerable clan, he would be particularly at risk in this climate. Even if he were forcibly returned to the North East, as has been suggested by Australia, he would have to pass through Mogadishu and thereby be placed at risk. 6.4 Finally, the petitioner adds that he cannot be forcibly returned to Galkayo in any event, as the material before the RRT showed that forcible returnees are not accepted in that part of Somalia. In any event, his membership of the Shikal clan leaves him just as vulnerable in the North East of Somalia as, the report to the Commission on Human Rights also noted, there continues to be serious fighting in North Eastern Somalia, particularly around Galkayo.