NGO-Primary Alternative education case

Concerning Mr. A.S.M and his wife Ms. R.A.H and their three children (represented by counsel Helle Hom Thomsen) Vs. Denmark for violation of articles 7, 17 and 24 of CCPR.

Mr. A.S.M used to work for an NGO called Primary Alternative education, as a headmaster of a school in Somalia. He used to profess the Sunni Muslim faith. Al-Shabaab launched an attack against Mr. A.S.M’s workplace and then the  Al-Shabaab also came to the author’s house to look for Mr. A.S.M. Since the authors feared persecution from Al-Shabaab, they fled to Italy and then Denmark.The Danish authorities determined that since the authors and their children already had a residence permit in Italy, they were precluded from seeking asylum in Denmark and should be transferred to Italy. Thus a complaint was sent to CCPR.
The committee noted that during their stay in Italy, the authors were given health insurance cards when they got asylum and had access to medical treatment including the birth of their first two children. The author’s have failed to identify specific circumstances in which they were denied medical services when needed. Similarly, Mr. A.S.M was able to obtain some jobs in Italy in the past, and has not convincingly explained why he won’t be able to work again. Thus the committee is of the view that the author’s and their children’s removal to Italy would not violate their rights under CCPR.

16. January 2020

CCPR 2378/2014
  • Decision: 18. November 2016
  • Comm: Human Rights