ICCPR Case Digest

CCPR/C/128/D/3012/2017

Communication

3012/2017

Submission: 2017.07.04

View Adopted: 2020.03.13

D.A.M. v. Sweden

Substantive Issues
  • Non-refoulement
Relevant Articles
  • Article 7
Full Text

Facts

The author of the communication is a national of Somalia subject to a deportation order following the Swedish authorities' rejection of her asylum application. The author claims that the State Party has violated her rights under article 7 of the Covenant. The Committee requested the State Party to refrain from returning the author to Somalia while her case was under consideration by the Committee. 

The author previously resided in Masagaway, Somalia. In 2012, Al-Shabaab started threatening the author's husband in relation to his work as a driver for a foreign humanitarian organization. In 2013, the author's brother-in-law borrowed her husband's car and was stopped and killed by Al-Shabaab. The author and her husband then decided to leave the area, but the author needed to first retrieve some pregnancy medication from their home. Upon her return, she was kidnapped by waiting members of the Al-Shabaab. She was followingly held at an unknown place for a week where she was threatened with being killed. Following an escape, the author's uncle arranged for her departure from Somalia. In November 2014, she arrived in Sweden and applied for asylum. In November 2016, the Swedish Migration Agency rejected the author's asylum application, finding that although she could not return to Masagaway because of the presence of Al-Shaabab, she could still reside in Mogadishu. 

In her complaint, the author claims that if returned to Somalia, she would face a serious risk of harm from Al-Shabaab in violation of her rights under article 7 of the Covenant, as she was previously kidnapped by Al-Shabaab because of her husband's work. The author claims that she does not have a male network in Mogadishu and does not know if her uncle is still alive. She contends that, although the Swedish authorities found Mogadishu to be a safe place for her, her uncle would not have advised her to leave Somalia if Mogadishu had been safe. 

Admissibility

The Committee ascertained that the same matter was not being examined under another procedure of international investigation or settlement. The Committee also noted that the author has exhausted all domestic remedies available to her. The Committee considered that the information available demonstrates that the authorities of the State Party have carried out a thorough assessment of the author's asylum application and that the information before it does not enable the Committee to conclude that the author would be at serious risk of a violation of her rights under article 7 of the Covenant in the case of return. In light of the above, the Committee decided that the communication was inadmissible. 

Rules of Procedure of the Human Rights Committee

Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10

Arabic | Chinese | English | French | Russian | Spanish

CCPR NGO Participation

Documents adopted by the Human Rights Committee (March 2012)

English | French | Spanish | Russian | Handbook

CCPR NHRI Participation

Documents adopted by the Human Rights Committee (November 2012)

English | French | Spanish | Russian | Arabic | Chinese