Concerning A.M.H. vs Denmark for violation of articles 6 and 7 of CCPR.
The author is a Somali citizen, who in 2015 applied for asylum based on his conflict with al-Shabaab. Al-Shabaab tried recruiting him, and when he refused, he was imprisoned for a month before he escaped, and fled to Denmark. He fears being killed by al-Shabaab, who now suspects him of being a traitor and a spy.
The Refugee Appeals Board rejected his explanation of his contradiction with al-Shabaab – they found it unlikely to happen and unsubstantiated. He was granted a residence permit in 2016 due to the risk of persecution in Somalia for general reasons. Since the Immigration Service considered the general security situation to have improved since 2016, they withdrew his residence permit. Because they couldn’t base the author’s explanation of his conflicts with al-Shabaab, the Board must assume, the author left as a result of the general conditions in Somalia at that time, and therefore can return without any risks. The author is not of the same view. He fears al-Shabaab and claims that he has a personal conflict with al-Shabaab and therefore will be in danger if deported. Thus, the case was to the UN and is now pending at CCPR.
6. July 2020