Concerning A.A.H. vs Denmark for violation of articles 6,7 and 8 of CCPR.
The author is a Somali citizen, who was in conflict with al-Shabaab. He had a small business where he sold clothes. Al-Shabaab demanded that A.A.H. pay them an amount each month so-called ‘tax’. It was around 2011 that A.A.H. was threatened the first time and started paying the money to al-Shabaab. In January-February 2013, A.A.H. was threatened again. Al-Shabaab told A.A.H. that he would have to cooperate with them if he could not pay the amount they demanded. On several occasions, A.A.H. promised al-Shabaab that he would cooperate with them. The cooperation with al-Shabaab consisted in killing others or spying on people. A.A.H. only agreed to cooperate with al-Shabaab because he feared for his life. A.A.H has been already fled after being told what tasks to perform for al-Shabaab. A.A.H. closed his shop.
A.A.H. arrived to Denmark in 2013. A.A.H. is sure that al-Shabaab is still looks for him because they do not forget the people who have not complied with the agreements they have concluded. Al-Shabaab will also regard him as unbeliever because he has been in Europe. The Danish Refugee Appeals Board found reasons to believe that he was forced to pay money to al-Shabaab, however they refused his need for asylum.
In the described situation, the complainant is in danger of his life or serious ill treatment, which he already suffered before fleeing his country of origin. Consequently, it is argued that Denmark is violation the principle of Non Refoulement (CCPR articles 6,7) but also forces the author back to slavery of forced worked by a terrorist organization.
The case is pending in the CCPR.
24. November 2023