CCPR/C/117/D/2493/2014
risk of being killed there. He notes that the “Al-Shabaab force is still very active, and has
just recently killed 75 AMISOM troops from Burundi, in Leego, near Qoryooley”.
5.2
On 21 August 2015, the author submitted that “the Government of Somalia has
reinforced its efforts in fighting Al-Shaabab, but is yet to gain control over the specific
region and area” from where he originates, and therefore he is at great risk of suffering
inhuman or degrading treatment or being killed if returned to Somalia. “Due to the present
situation in the Qoryooley area, there should be no doubt that [I] have a conflict with
Al−Shabaab”. The author further states in general terms that “the State party has failed to
establish a prima facie case for the purpose of not giving admissibility of the…
communication under articles 7 and 9 of the (Covenant). The State party’s submission has
not brought up any reason for the communication to be inadmissible.”16
Further observations by the State party
6.1
In response, by a note verbale dated 25 January 2016, the State party reiterated that
the information provided by the author in this case could not lead to a different assessment
of the author’s asylum case from that already carried out by the Refugee Appeals Board.
In regard to the author’s statements concerning the information provided by his mother, the
State party believes that this information is unsubstantiated and appears to be fabricated for
the occasion. The author has previously made inconsistent statements concerning his
contact with his mother. In particular, during the asylum screening interview with the
Danish Immigration Service on 2 April 2014, he stated that he had had contact with his
mother and his siblings. However, when interviewed by the Danish Immigration Service on
23 April 2014, he stated that he had had no contact with his mother since his departure from
Somalia. As regards the transcript of his medical records, submitted by the author to the
Committee, the State party observes that the medical records do not demonstrate in any way
that he was subjected to torture while he was imprisoned in Somalia. On that matter, the
State party notes that, according to the transcript of the author’s medical records, the reason
for the pain in his leg was that he had been diagnosed with tuberculosis and had had surgery
as his leg had been affected by the infection.
6.2
The State party reiterates that the general conditions in Somalia are not of such a
nature that the author would risk being subjected to abuse falling under articles 7 or 9 of the
Covenant if he were returned to Somalia. It notes that the Danish authorities are aware that
the security situation in South Somalia is precarious. However, the Refugee Appeals Board
closely monitors the situation in Somalia, including in Qoryooley. According to the most
recent background information, such as “South Central Somalia: country of origin
information for use in the asylum determination process”, a report published by the Danish
Immigration Service in September 2015, Qoryooley is still controlled by the Government of
Somalia and AMISOM. Accordingly, the State party reiterates that the present
communication should be declared manifestly unfounded and inadmissible. Alternatively,
the State party maintains that it has not been established that there are substantial grounds
for believing that the author’s return to Somalia would constitute a violation of articles 7 or
9 of the Covenant.
16
The author also refers to the judgment, invoked by the State party, of the European Court of Human
Rights, in Sufi and Elmi v. the United Kingdom, where the Court found that the removal of the
applicants, Somali nationals, to Mogadishu, would be contrary to article 3 of the European
Convention on Human Rights. See also footnote 4 above.
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