A/HRC/16/53/Add.1
she has already been convicted or acquitted in accordance with the law and penal procedure
of each country.”
V.
Uganda
Urgent appeal sent on 31 May 2010 jointly with the Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment
(a)
Allegations transmitted to the Government
392. The Special Rapporteurs brought to the attention of the Government information
regarding Mr. Mohammad Hassan Haji, a Somali national and asylum-seeker in Uganda
who is due to be forcibly returned to Somalia after 31 May 2010.
393. According to the information received, subsequent to his conversion to Christianity,
Mr. Mohammad Hassan Haji was threatened in Somalia by the armed opposition group alShabab and was forced by them to stop working as a cameraman for a Muslim company.
Mr. Haji fled from Somalia in 2008, going first to his uncle in Nairobi and then in April
2009 to Uganda in order to seek asylum. In December 2009, he was arrested in Katuna and
charged with illegal entry into Uganda. He was convicted and the court in Kabale ordered
on 10 March 2010 that he should be deported back to Somalia. Mr. Haji is currently in
police custody in Kampala and the Ugandan authorities indicated that his deportation will
take place any time after 31 May 2010.
394. Concerns have been voiced that converts to Christianity face great risk of serious
human rights abuses such as torture and other ill-treatment or extrajudicial execution in
Somalia.
(b)
No response received from the Government
(c)
Observations by the Special Rapporteur
395. The Special Rapporteur regrets that he has so far not received a reply from the
Government of Uganda concerning the above mentioned allegations. He would like to
appeal to the Government to ensure the right to freedom of religion or belief of Mr. Haji in
accordance with the principles set forth in the Declaration on the Elimination of All Forms
of Intolerance and of Discrimination based on Religion or Belief and article 18 of the
Universal Declaration on Human Rights as well as of the International Covenant on Civil
and Political Rights.
396. The Special Rapporteur would like to take the opportunity to refer to his
predecessor’s reports to the General Assembly, which deal with the vulnerable situation of
refugees and asylum-seekers (see A/62/280, paras. 38-63; and A/64/159, paras. 22-24 and
67). He would also like to recall the obligation of non-refoulement in article 33 of the 1951
Convention relating to the Status of Refugees: “No Contracting State shall expel or return
(‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life
or freedom would be threatened on account of his race, religion, nationality, membership of
a particular social group or political opinion.” In this context, the Special Rapporteur would
like to refer to the press statement he issued on 11 November 2010 jointly with the
Independent Expert on the situation of human rights in Somalia, the Special Rapporteur on
torture and other cruel, inhuman or degrading treatment or punishment, the Special
Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur on
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