Deportation of Somali citizen who is in risk of torture in the country of origin

The author M.A.A., former businessman, is from the South of Somalia, where he was harrassed by members of Al-Shabab, who later shot him three times and the author, subsequently, remained in coma for a long time. The author left his country to seek asylum. He did not maintain contact with his family.

Not only the author but also many other male members have been targeted by the Haawaadle clan, members of which are also members of Al-Shabab. Since Al-Shabab was in power in his hometown, members of Haawaadle clan used this opportunity for “ethnic cleansing” of the Baadi-Cade clan members.

It is argued that whether or not Al-Shabab is presently in power in his home town, the author is in risk of torture of inhumane treatement by membersof the Haawaadle clan, and he has no possibility to benefit from protection by the Somali authorities.

The communication to CAT has been presented on violation of art.3., as far as the author was not allowed to prove his case by a proper torture examination before the Refugee Board took a final decision.

At its meeting on 3 August 2018, the Committee, not having received the complainant’s comments on the State party’s observations, despite sending several reminders to that effect, and therefore being unable to continue the proceedings, decided to discontinue the consideration of communication No. 733/2016.

29. June 2023

CAT 733/2016
  • Decision: 3 August 2018
  • Comm: Torture