Balatika case

Concerning Mr. A.A.S vs Denmark for violation of articles 7 of CCPR.

The author left Somalia due to the civil war in that country. The author and his brother then left for Greece as they were having conflicts with a resistance cell called Balatika. After arriving in Greece, the author was arrested and imprisoned. He contracted tuberculosis and was under hospital treatment for about eight months. When the author was arrested, his brother fled to Denmark and acquired asylum. After the author’s release, he entered denmark and applied for asylum as he feared the general security situation in Somalia. The author also had no family left in Mogadishu as they had all fled.

The Danish Immigration Service rejected the author’s application for asylum and the Refugee Board upheld that decision. The Refugee Board found that the individual circumstances relied upon the author including his language skills, clan affiliations and lack of social network were not of such nature as to justify residence. A complaint was sent to CCPR and the committee was of the view that Denmark would be in violation of article 7 if the author were to be deported. Thus the state party is under obligation to review the author’s claim.

24. March 2020

CCPR 2464/2014
  • Decision: 16. September 2016
  • Comm: Human Rights