CCPR/C/117/D/2493/2014
there is a high threshold for providing substantial grounds to establish that a real risk of
irreparable harm exists.21 In making this assessment, all relevant facts and circumstances
must be considered, including the general human rights situation in the author’s country of
origin.22
8.3
In the present case, the Committee has noted the argument that if returned to
Somalia, the author would be at risk of being subjected to ill-treatment by Al-Shabaab and
also because he belongs to a minority clan that has always been “suppressed”. He claims
that he has been threatened by Al-Shabaab with ill-treatment because he refused to join
them, and also that he was imprisoned in 2013 after being falsely accused of theft and was
beaten and had his leg burned because he belonged to a minority clan.
8.4
The Committee notes that from the material on file it appears that the Danish
immigration authorities — the Danish Immigration Service and the Refugee Appeals Board
— thoroughly examined each of the author’s claims, and in particular they assessed the
threats allegedly received by the author in Somalia from Al-Shabaab, as well as his
allegations of ill-treatment in prison in Somalia because of belonging to a minority clan.
The Committee observes that the State party’s immigration authorities found these
allegations to be inconsistent and implausible, as well as unsubstantiated on several
grounds. In particular, the State party’s immigration authorities considered that the author’s
statements concerning the approaches by Al-Shabaab members and his escape from them in
November 2011 were vague and inconsistent; that his father’s conflict with the Habar Gidir
clan dated back a long time, to 17 or 18 years ago; and that the author himself had never
experienced conflict with that clan, and even though he claims he was falsely accused of
theft and was imprisoned because he belonged to a minority clan, he was nevertheless
released with the assistance of a council of elders that helped to pay for his release.
8.5
In this connection, the Committee notes that the author claims that he underwent
surgery on two occasions because his leg had been burned in prison in Somalia. In support
of his allegations, the author submits a copy of a medical report in Danish; however, the
Committee observes that the position of the State party, which remains unrefuted by the
author, is that his leg was treated medically due to a tuberculosis infection and not because
of ill-treatment that he claims to have suffered in prison in Somalia. In addition, the
Committee notes that the State party’s immigration authorities assessed the general
conditions in Qoryooley regarding the risk of harm from the conflict with Al-Shabaab, but
could not reach the conclusion that the general security situation in the area was of such a
nature that everybody returning there may be deemed to be at a real risk of abuse or illtreatment.
8.6
The Committee recalls its jurisprudence that important weight should be given to the
assessment conducted by the State party, unless it is found that the evaluation was clearly
arbitrary or amounted to a denial of justice, 23 and that it is generally for the organs of States
parties to the Covenant to review or evaluate facts and evidence in order to determine
21
22
23
decision adopted on 12 November 2010; and No. 692/1996, A.R.J. v. Australia, Views adopted on
28 July 1997, para. 6.6.
See, for example, communications No. 2007/2010, X v. Denmark, Views adopted on 26 March 2014,
para. 9.2; and No. 1833/2008, X. v. Sweden, Views adopted on 1 November 2011, para. 5.18.
Ibid.
See communications No. 2007/2010, X. v. Denmark, Views adopted on 26 March 2014, para. 9.2;
No. 2272/2013, P.T. v. Denmark, Views adopted on 1 April 2015, para. 7.3; No. 1833/2008, X. v.
Sweden, Views adopted on 1 November 2011, para. 5.18; and No. 2347/2014, K.G. v. Denmark,
Views adopted on 22 March 2016, para. 7.4.
11