CCPR/C/117/D/2464/2014
Shabaab controlled area. The Court considers that this risk would be even greater for
Somalis who have been out of the country long enough to become “westernized”,
as certain attributes, such as a foreign accent, would be impossible to disguise. 15
Although the European Court of Human Rights in its later decision in K.A.B. v. Sweden
found that the available country information did not indicate that the situation was of such a
nature as to place everyone who is present in Mogadishu at a real risk of treatment contrary
to article 3 of the Convention for the Protection of Human Rights and Fundamental
Freedoms, 16 the Court emphasized the importance of including the applicant’s personal
situation in its assessment. In its most recent decision regarding the situation in Mogadishu,
R.H. v. Sweden,17 the Court upheld its viewpoint in K.A.B. v. Sweden, emphasizing however
that the general security situation in Mogadishu remained serious and fragile and stressing
the importance of including the applicant’s personal situation in the assessment.
5.5
Taking into consideration the accepted facts that he fled Somalia with his family
when he was only five years old, that he has no family or social network in Mogadishu and
that he lacks experience of living in Somalia, he has a well-founded fear of persecution.
Furthermore, the author is particularly vulnerable to forced recruitment by al-Shabaab and
risks being exposed to violence and abuse owing to his lack of understanding of the
Somalian culture and traditions.
5.6
The author recalls that he belongs to the Bagadi clan, part of the Rahanweyne clan,
associated with the clan family of Digil and Mirifle, which traces back their ancestry to
Saab. Neither is prevalent in any of the Mogadishu districts and the Saab speak Maay-tiri, a
dialect distinct from Maxaa-tiri, the dialect used by the other clan families.18 The author
submits that the lack of social network and clan protection in conjunction with his distinct
dialect and cultural understanding would inevitably expose him to the risk of irreparable
harm. The author refers to several sources cited by the Home Office of the United Kingdom
of Great Britain and Northern Ireland, that:
Somalia has long been dominated by clan-politics, though the clan system broke
down in Mogadishu while al-Shabaab [was] in power. Following the withdrawal of
al-Shabaab from Mogadishu in August 2011, a power vacuum was left which the
Transitional Federal Government […] did not fill. Instead, clan-based politics reemerged with powerful individuals and militias, often from dominant clans, filling
the void. Clan rivalries are evident, and many militias who have now been integrated
into the Somali National Armed Forces continue to owe their loyalty to their clan
leaders and groups. Clan identity is essential to access protection in Somalia. If clan
protection is not available, civilians are more vulnerable to discrimination and/or
targeted human rights abuses […] People returning to Somalia from overseas are
extremely vulnerable unless they have strong clan and family connections, as well as
the economic means to establish a life. Somalis that have left, particularly those that
have been in western countries, tend to be viewed as foreigners, and may be
perceived to have western agendas. This in itself puts them at an increased risk of
persecution [...] It is unlikely that those who return to Somalia will be able to
15
16
17
18
8
Ibid, para. 275.
See K.A.B. v. Sweden (application No. 886/11), Judgment of the European Court of Human Rights,
2013, para. 91.
See R.H. v. Sweden (application no. 4601/14), Judgment of the European Court of Human Rights,
2015, paras. 67-69.
See Country of Origin Information Report (note 8 above), p. 44.