ICCPR Case Digest

CCPR/C/124/D/2734/2016

Communication

2734/2016

Submission: 2016.02.15

View Adopted: 2018.10.18

Fahmo Mohamud Hussein v. Denmark

Denmark Deports Somali Asylum Seeker to Italy

Substantive Issues
  • Torture / ill-treatment
Relevant Articles
  • Article 7
Full Text

Facts

The author, a Somali national, arrived in Italy after fleeing Somalia at the age of 16 in 2008 and applied for asylum upon arrival. She was granted protection and residence for three years (which was extended for another three years after the permit expired) after one year of processing. The author was homeless and jobless for all six years of her residency, despite asking for assistance from the Italian government, and subsided on handouts and a single meal every day from a shelter.  She claimed she was harassed in the streets and witnessed how other young women fell victims to violence if they tried to defend themselves when confronted with harassments and slurs. The author left Italy for Denmark to live with her family once her Italian residence permit expired and applied for asylum three days after arrival. She gave birth to a child while in Denmark and has had help from the family in raising him. Denmark rejected her asylum claim six months after she applied, and rejected her appeal two months later.

Admissibility

The Committee considered that, for the purpose of admissibility, the author adequately explained the reasons for which she feared that her forcible return to Italy would result in a risk of treatment in violation of article 7 of the Covenant. As no other obstacles to admissibility exist, the Committee declared the communication admissible and proceeded with its consideration of the merits.

Merits

The Committee considered that the information before it did not show that the author would face a personal and real risk of treatment contrary to article 7 of the Covenant if she were removed to Italy.

Recommendations

The Committee is confident that Denmark would duly inform the Italian authorities of the author’s removal, in order for the author and her child to be kept together and to be taken charge of in a manner adapted to their needs, especially taking into account the age of the author’s son.

Separate Opinions

Individual Opinions by Mr. José Santos Pais (dissenting), Mr. Olivier de Frouville, and Ms. Tania Abdo Rocholl

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