kill UNOSOM informants at that time, there is no explanation why the sister-inlaw was killed, when there was no allegation that she worked for UNOSOM, 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 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 was returned to
Somalia on the basis of either his father's former involvement with the Barre
regime or his employment with UNOSOM. (9) 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. (10)The President appointed a former
member of the Barre regime as his Prime Minister, who served as Ministry 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 Barre regime indicates that senior members of the former
regime are no longer targeted, although this might have occurred 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 UN 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 my 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 i.e. the SNA or SSA. (11) In this context the State party adds that the
leader of the SSA, is also a member of the new Transitional National Assembly
and has indicated that he supports the new President.
5.4 As to the petitioner's fear of torture because of his position within UNOSOM,
the State party contends that there is no evidence that this was a significant
position or that he was known generally as being employed by UNOSOM or
contributing directly to the aims of UNOSOM. Neither is there any evidence to
suggest that former employees of UNOSOM are at risk by either the SNA or SSA.