Refusing to give torture examination

Concerning A.H.M. vs. Denmark for violation of article 3 of CAT.

The author is a Somali citizen born in 1972. He Is from a small town South West of Mogadishu – which is controlled by al-Shabaab. He fled to Denmark and applied for asylum, but his application got rejected. If the author is deported back to Somalia, the author’s life will be in danger and he will risk serious ill treatment which he already suffered before fleeing his country of origin.

It is argued that Denmark is in violation with CAT article 3, if they deport the author without allowing him to prove his case by a proper torture examination before the Refugee Board make a final decision. When it is established that the author already suffered great harm before his escape, it is more likely that he will then again suffer torture on return.

Furthermore, since the author has been living in the Western world, it increases the risk to be perceived to be contrary to Islamic rules as interpreted by Al-Shabab members/ Haawaadle clan members, which will add to his risk of persecution on top of the Clan conflict.

The case is now pending at the Committee.

25. February 2020

CAT 985/2020
Comm: Torture