Ashraf clan case

Concerning A.H.A. (represented by counsel, Tage Gottsche) vs Denmark for violation of articles 7 and 9 of CCPR.

The author belongs to the minority Ashraf clan and was born in Qoryooley, Somalia. The author’s father and brother were killed by Al-Shabaab. Al-Shabaan also contacted the author and asked him to join their movement. After refusing 4 times with the reason that he had to help his mother, he fled from Somalia as he would not be able to avoid being taken as a fighter for Al-Shabaab. The author thus came to Denmark and applied for asylum.
The Danish authorities rejected the author’s application for asylum as they found his claims and story to be unconvincing and lacking in credibility. A complaint was then sent to CCPR. The Committee noted that the author challenges the assessment of evidence by the Refugee Appeals Board and the factual conclusions that the Board reached without however adducing any supporting element that would demonstrate that these were manifestly unreasonable or arbitrary. Thus the committee is of the view that the author’s removal to Somalia would not violate his rights.

12. December 2019

CCPR 2493/2014
  • Decision: 7. September 2016
  • Comm: Human Rights