CCPR/C/117/D/2464/2014
4.9
The fact that the author’s family, prior to its departure from Somalia in 1992, was
perceived to support Siad Barre because of its clan affiliation cannot lead to a different
conclusion, nor can the author’s claim that revenge killings still happen. The conflicts of
the author’s family with persons in opposition to Siad Barre and his supporters occurred a
very long time ago and the author had not been personally involved in his family’s previous
conflicts, which means that he appears to be a low-profile individual in connection with
these conflicts. The author stated at the hearing before the Refugee Appeals Board on
4 September 2014 that his father had never spoken with the author about his family’s
conflicts in Somalia, including his family’s close affiliation with Siad Barre, and the author
stated that he had no deep knowledge of Somalia, including the political situation in the
country.
4.10 As to the author’s statement on his individual circumstances, including that he has
no family and social network in Somalia and that he has no knowledge of the community
and the traditions in Somalia, the State party observes that this in itself does not justify
asylum.
4.11 The State party cannot accept as a fact that the author will be considered an
internally displaced person in the event of his return to Somalia. It appears from the details
of the case, including the interview report made by the Danish Immigration Service on
28 January 2014 and the author’s statement to the Refugee Appeals Board on 4 September
2014, that he was born in Mogadishu and that he lived there until he was five years old. The
circumstance that the author’s family fled from its original village to Mogadishu is of no
significance to the assessment of whether the author is to be considered an internally
displaced person.
4.12 As regards the author’s statement that he should be considered as belonging to a
particularly vulnerable group of persons in Somalia because he only received tuberculosis
treatment for eight months, the State party finds that this circumstance cannot lead to a
different assessment. In this respect, the State party has emphasized that, during the
proceedings before the Refugee Appeals Board, the author produced a medical certificate
Greek dated 21 January 2013. At the request of the Refugee Appeals Board, that medical
certificate was translated into Danish on 25 July 2014. It appears from the certificate that
the author was admitted to hospital where he received tuberculosis treatment from 15 April
2012 to 15 January 2013, and that he received full tuberculosis treatment during his
hospitalization. In addition, during the proceedings before the Refugee Appeals Board, a
medical certificate was obtained from the health department at the Jelling Accommodation
Centre on 14 April 2014. According to this medical certificate, the author has had no
symptoms of acute tuberculosis during his stay in Denmark.
4.13 The State party also finds that it cannot accept as a fact that the author would risk
forced recruitment to al-Shabaab in the event of his return to Somalia. It appears from the
background information available 8 that forced recruitment to al-Shabaab no longer takes
place in Mogadishu. It further appears that “recruitment to al-Shabaab in Mogadishu only
takes place on an individual basis, and such recruitment is voluntary”. 9
4.14 The State party observes in conclusion that the Refugee Appeals Board, which is a
collegial body of a quasi-judicial nature, made its decision of 4 September 2014 based on a
procedure during which the author had the opportunity to present his views, both in writing
8
9
6
See European Asylum Support Office, Country of Origin Information report: South and Central
Somalia Country overview (Luxembourg, August 2014), p. 88. Available from
http://reliefweb.int/sites/reliefweb.int/files/resources/COI-Report-Somalia.pdf.
See “Update on security and protection issues in Mogadishu and South-Central Somalia”
(note 7 above), p. 30.