5.5 In relation to Somalia, there is abundant evidence that the clans, at least since 1991, have, in certain regions, fulfilled the role, or exercised the semblance, of an authority that is comparable to government authority. These clans, in relation to their regions, have prescribed their own laws and law enforcement mechanisms and have provided their own education, health and taxation systems. The report of the independent expert of the Commission on Human Rights illustrates that States and international organizations have accepted that these activities are comparable to governmental authorities and that “[t]he international community is still negotiating with the warring factions, who ironically serve as the interlocutors of the Somali people with the outside world.”9 stating that, as an elder of the Shikal clan, his father had been prosecuted by the Hawiye clan, especially since he had categorically refused to provide money and manpower for the war. Even before the outbreak of the war there had been attempts on the author’s father’s life by the Hawiye clan. The family was told by the Hawiye that they would suffer the consequences of their refusal to provide support to the clan, once the Hawiye came into power in Mogadishu. The author states that he was staying at a friend’s house when the violence broke out in December 1990 and he learnt that his father had been killed during an attack by the Hawiye clan. Only hours after his father’s death, the Hawiye planted and detonated a bomb under the family home, killing one of the author’s brothers. The author’s mother, other brothers and his sisters had already fled the house. 5.6 Counsel notes that the State party does not wish to contest admissibility on the basis of the nonexhaustion of domestic remedies, but nevertheless wishes to emphasize that the author’s communication of 17 November 1998 was submitted in good faith, all domestic remedies available to the author having been exhausted. The subsequent application by the author for special leave to appeal, which is currently pending before the Full Bench of the High Court of Australia, does not provide a basis for injunctive relief to prevent the expulsion of the author. Further, following an intervention by Amnesty International in the author’s case, the Minister for Immigration and Multicultural Affairs stated that “[a]s an unlawful non-citizen who had exhausted all legal avenues to remain in Australia, my Department was required under law to remove [the author] as soon as reasonably practicable.” 5.9 The author also states that, together with the remaining family members, he escaped to the town of Medina, where he stayed during 1991. The Hawiye clan attacked Medina on a number of occasions and killed Shikal members in brutal and degrading ways. The author states that hot oil was poured over their heads, scalding their bodies. Sometimes, when they received warnings about Hawiye raids, the family would flee Medina for short periods of time. On one occasion, upon returning after such a flight, the author learnt that the Hawiye militia had searched the town with a list of names of people they were looking for, including the author and his family. After one year of constant fear the family fled to Afgoi. On the day of the flight, the Hawiye attacked again and the author’s sister was raped for the second time by a member of the militia. In December 1992, the author heard that the United Nations was sending troops to Somalia and that the family would be protected if they returned to Mogadishu. However, the author and his family only returned as far as Medina, since they heard that the situation in Mogadishu had in fact not changed. 5.7 As to the merits of the communication, the author must establish grounds that go beyond mere “theory or suspicion”10 that he will be in danger of being tortured. As the primary object of the Convention is to provide safeguards against torture, it is submitted that the author is not required to prove all of his claims11 and that a “benefit of the doubt” principle may be applied. There is sufficient evidence that the author faces personal risk of being subjected to torture upon his return owing to his membership of the Shikal clan and his belonging to a particular family. 5.10 After another year in Medina, the family once again fled to Afgoi and from there to Ugunji, where they stayed for two years in relative peace before the Hawiye arrived in the area and enslaved the members of minority clans and peasants living there, including the author. The indigenous villagers also had pale skin, therefore the militia never questioned the author and his family about their background. However, when the family learnt that Hawiye elders were coming to the village they once again fled, knowing that they would be recognized. In the course of the following months the author went back and forth between Medina and Afgoi. Finally, the family managed to leave the country by truck to Kenya. 5.8 Counsel contests the State party’s argument that the author had in fact been able to live in Somalia since the outbreak of the war in “relative safety” and submits an affidavit from the author 9 Report of the independent expert of the Commission on Human Rights, Ms. Mona Rishmawi, on the situation of human rights in Somalia (E/CN.4/1999/103), para. 154. 10 Communication N° 101/1997, Halil Haydin v. Sweden, 16 December 1998, para. 6.5. 11 Communication N° 34/1995, Seid Mortesa Aemei v. Switzerland, para. 9.6. 5.11 In addition to the grounds previously mentioned, the risk to the author is increased by the 75