Concerning Mr. A.S.I vs Denmark for violation of articles 6 and 7 of CCPR.
The author is a Somali citizen who fled his country due to persecution. The author lived with his wife, mother and siblings. His father was killed in 2008 as a result of clan-conflicts. The author belongs to the Awramaaleh-clan who are in conflict with Al-Shabaab. He fears being the victim of a revenge-attack like his father.
He also tried to make his now dead younger brother leave the Al-Shabaab. When Al-Shabaab heard of this, they came and threatened his mother, imprisoned his spouse, trying to get them to reveal the author’s location. The author managed to escape with his uncle’s help. He stayed in Athens for a year and then came via Italy to Denmark where he sought asylum. His family has also fled and he does not know where they are today. The author was last in contact with his family in September 2012. They told him that his brother was killed while fighting for the Al-Shabaab. The Refugee Board rejected the author’s asylum case, and found the fact that the father was killed in a clan-related attack and that the author fears likewise, is not enough reason for asylum. However, it is clear from the background material presented, that Al-Shabaab targets clan elders and their family members. Putting the author in a concrete and individual risk as being the son of a clan elder (who was killed) and having a personal dispute with the militia. The Board also finds that Al-Shabaab has been weakened and left Kismayo in 2012; thus the author is no longer in risk. However, according to the WHO Somali situation report from July 2013, civilian casualties have increased in Kismayo.
It should also be taken into account that the author meets the descriptions in the UNHCR guidelines no. 2 and 7 for individuals being in particular risk in Somalia.
2. “Individuals (perceived as) contravening Islamic Sharia and decrees imposed by Al-Shabaab”
7. “Individuals belonging to a clan engaged in a blood feud”
When rejecting the authors asylum application, the Board seems to have an unrealistically optimistic perception of the situation in Somalia today, including Al-Shabaab’s position in the south of Somalia. Consequently a complaint was sent to CCPR.
18. June 2020