A/HRC/7/3/Add.1
page 97
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
Ahmed Yassin, a citizen of Sweden, and Ms.
Sophia Abdi Nasir, also a citizen of Sweden, and
her children (names and age unknown), Ms. Ines
Chine, a citizen of Tunisia, Abdi Muhammed
Abdillahi, a citizen of Kenya, and more than
seventy others. In December 2006, the conflict
between the militias of the Council of Somali
Islamic Courts and the Transitional Federal
Government of Somalia, supported by armed
forces of Ethiopia, caused a large flow of refugees
seeking to cross the border from Somalia into
Kenya. On 2 January 2007, Kenyan authorities
announced the closure of the border for security
reasons. Since then, it is reported that the Kenyan
security forces have been patrolling the border
and have arrested a number of those seeking to
cross it. Kenya has deported at least 84 of those
arrested back to Somalia, from where they were
taken to Ethiopia. In late March, the Ethiopian
Government released five persons arrested and
detained under these circumstances. On 10 April
2007, the Government announced that 29 more of
the transferred detainees would be released,
however, so far none of the 29 persons have been
freed. The persons named above were arrested
between 30 December 2006 and February 2007
as they tried to cross the border from Somalia into
Kenya. They were detained in various locations in
Nairobi before being transferred to Somalia on
three charter flights between 20 January and 10
February 2007. Once in Somalia they were
transferred to Ethiopia. They were not provided
with an opportunity to challenge their forcible
The rest have been released because of their
marginal roles. These individuals were among the
international terrorists who answered the call for
Jihad by the Al-Shabab group of extremists
against the Governments of Somalia and Ethiopia.
The Government of Somalia, due to the lack of
adequate and secure facilities or functional
prisons, requested that the Government of
Ethiopia hold these individuals and undertake
investigations into their activities. However, the
allegation that there are more than seventy others
in addition to those named in the communication
is false, as are the allegations that the detainees
are held incommunicado, and that they might be
at risk of torture. With the exception of three
individuals, who refused to exercise their right,
embassy or consular officials from their respective
countries have visited the detainees. Their
embassies or consular officials have been
cooperating with the competent Ethiopian
agencies in arranging the return of their nationals.
It is also not true that they were not afforded the
opportunity to challenge the legality of their
detention. All detainees have appeared before the
competent Court in accordance with the relevant
national legal procedures consistent with
international obligations of the country. Although
security experts from the respective countries of
origin of the detainees have been involved in
questioning some of the suspects, this was done
in the presence of Ethiopian personnel in order to
ensure that no detainee was subjected to torture,
inhumane or degrading treatment. The physical
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