CCPR/C/117/D/2493/2014
managed to escape, as he had slept in one of the rooms in the house, and his friend and the
Al-Shabaab representative had slept in the other room. The Al-Shabaab representative had
come to the house of the author’s friend sometime between noon and 1 p.m. He had kept an
eye on the author for the rest of the day and throughout the night. In this regard, the State
party notes that only at the hearing before the Refugee Appeals Board did the author state
that he had been locked in a storage room and the representative of Al-Shabaab had gone to
sleep by the entrance to it in order to prevent the author from escaping. At the Refugee
Appeals Board hearing, the author also stated for the first time that he had managed to
escape by jumping out of a window in the room that he had been put in. The Al-Shabaab
representative did not know that the room had a window, as he was unfamiliar with the
house. Finally, the author stated at the Board hearing, contrary to his statement at the
asylum screening interview, that the Al-Shabaab representative had arrived at the house
when it was dark outside, and not at 1 p.m. as claimed earlier.
4.8
In its decision, the Refugee Appeals Board considered it to be a fact that the author
had had no conflicts with the Habar Gidir clan himself, nor any other problems resulting
from his clan affiliation. In this regard, the State party notes that at the “substantive asylum
interview”, held on 23 April 2014, the author was asked whether he was wanted by anyone
solely because he belonged to the Ashraf clan, to which he replied that he was not but it
would not be possible for him to obtain protection from his clan. The author also stated that
the reason for his problems with the Habar Gidir clan was that it had taken part of his
family’s land 17 or 18 years ago. In addition, he stated that his sister had been forced into
marriage and that his family had had to pay money to be left in peace. His family had last
been charged money before Al-Shabaab took control of the town, five or six years earlier.
He stated that he had had no other problems with the Habar Gidir clan. Accordingly, the
State party submits that the Refugee Appeals Board could not accept the author’s
statements as fact, including the assertion that he would be persecuted by Al-Shabaab or
would suffer ongoing conflicts in his home region on account of his clan affiliation.
4.9
As regards the author’s statement before the Committee that he was imprisoned for
one year due to his affiliation with the Ashraf clan, the State party observes that this
statement was already taken into account in the assessment of the matter made by the
Refugee Appeals Board on 6 August 2014. The Board found that, when viewed in isolation,
this circumstance did not form a basis for asylum either. According to his own statement,
the author’s conflict, which took place in Boosaaso in the Bari region, must be considered
to have ended, as he was released in December 2013 with assistance from the council of
elders, against payment of an amount unknown to the author. Thus, the allegation that his
imprisonment was due to his clan affiliation is based solely on the author’s own
assumption. The State party also observes that the Bari region is located far from the
author’s home town of Qoryooley. The fact that the author belongs to a minority clan
cannot lead to a different assessment of the matter, as this cannot independently form the
basis for asylum. The State party reiterates that the Refugee Appeals Board considered it to
be a fact that the author had no clan-related conflicts himself and that he appeared to be a
“very low-profile individual”.
4.10 The author also submitted that the physical and mental consequences for him
resulting from the killing of his father and brother and from his own imprisonment were not
taken into account during the asylum proceedings. The State party notes that if an asylum
seeker’s statements in support of his case are characterized by inconsistencies, changing
statements, expansions or omissions, the Refugee Appeals Board will attempt to clarify the
reasons. When assessing the credibility of an asylum seeker, the Refugee Appeals Board
will take into account the asylum seeker’s particular situation, such as cultural differences,
age and health. However, inconsistent statements made by the asylum seeker about crucial
elements of his grounds for seeking asylum may weaken his credibility. If in doubt about
the asylum seeker’s credibility, the Board will always assess to what extent the principle of
6