argues that the petitioner has not been consistent in his description of events and
that these attacks were more likely to have occurred as part of the general climate
of violence in Mogadishu at the time rather than as a deliberate attempt to target
the petitioner for the reasons outlined by him. The Committee also observes that
the petitioner has failed to explain the inconsistencies in his description of the
attacks, which raise doubts with the Committee as to his credibility.
7.4 In addition, the Committee recalls that, even if the evidence of past torture
provided by the petitioner was not in question, the aim of the Committee's
examination of the communication is to ascertain whether the petitioner would risk
being subjected to torture now, if returned to Somalia. Given the composition of
the new Transitional government, including members of the Shikal clan itself, the
Committee is of the opinion that the petitioner would not now face such a risk. In
light of the foregoing, and while recognising the ongoing widespread violations of
human rights in Somalia, the Committee finds that the petitioner has not
established that he would face a foreseeable, real and personal risk of being
tortured within the meaning of article 3 of the Convention.
8.The Committee against Torture, acting under article 22, paragraph 7, of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, concludes that the petitioner's removal to Somalia by the State party
would not constitute a breach of article 3 of the Convention.
Notes
1. Counsel refers to the "1999 Country Reports on Human Rights Practices",
Bureau of Democracy, Human Rights, and Labor, U.S. Department of State,
February 25, 2000.
2. Case No. 120/1998, adopted on 14 May 1999.
3. In this context, he refers to the Report on the Situation of Human Rights in
Somalia, in which the Special Rapporteur noted the UNHCR policy of voluntary
repatriation and the "dumping" in Somalia of asylum seekers by some Western
countries which had led to problems of safety for rejected asylum seekers. He also
refers to the opinion of the same Special Rapporteur who expressed alarm at a plan
being considered which would make it difficult for Somalis to seek asylum in the
European Union States, and stated that in the absence of recognised structures in
Somalia that the international community could formally call upon for human
rights protection, Somalis should not be forced to return to Somalia. See Situation
of Human Rights in Somalia, Report of the Special Rapporteur, Ms. Mona