Conflict with Al-Shabaab

Concerning A.M.J. vs. Denmark for violation of article 7 of the CCPR.

Al-Shabaab sought out the author in 2009. Al-Shabaab’s visits became more and more threatening and frequent over time. One day, he received telephone threats where they accused him for killing Al-Shabaabs local leader. On the same evening, the author’s mother told him that people from Al-Shabaab had visited the residence and asked for him. He then hid with some friends for approx. 10 days, after which he left. During these 10 days, Al-Shabaab visited his family twice.

The author came to Denmark in 2012 and was granted asylum, as the Danish Immigration found the authors explanation of his conflict with Al-Shabaab to be credible. In 2015 the author decided to return to Somalia because his mother in Somalia had become sick and had no one to look after her. Members of Al-Shabaab captured the author when finding him in Mogadishu, decided to keep him captive in 20 days and ask a ransom from him as for them not to hand him over to the local AS leader. The author decided to pay the ransom where after he left Somalia and returned to Denmark on 24 April 2016. He was told by the Danish Immigration Service, that he would still obtain his asylum status and thus was allowed to stay. But in 2019, he was rejected of extension of his residence. The Refugee Board was of the view, that what he had experienced in Mogadishu, must be considered as an isolated criminal act that ended with the complainant’s payment of ransom, and did not proof any personal conflict with Al-Shabaab.

Thus, the case is pending at the Committee.

17. December 2020

CCPR 3707/2020
Comm: Human Rights