THIRD SECTION
Application no. 20673/13
Mohamed ABDULKHADIR MOHAMED
against the Netherlands
lodged on 22 March 2013
STATEMENT OF FACTS
The applicant, Mr Mohamed Abdulkhadir Mohamed, is a citizen of Somalia. He was born in 1993 and is currently staying in the Netherlands. He is represented before the Court by Mr M.J. Verwers, a lawyer practising in Wageningen.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 23 September 2009 the applicant applied unsuccessfully for asylum in the Netherlands. On 13 October 2011 he received his final negative decision.
On 14 October 2011 the applicant applied for a second time unsuccessfully for asylum in the Netherlands. He received his final negative decision on 11 November 2011.
On 27 July 2012 the applicant applied for a third time for asylum in the Netherlands. The final decision on this application was taken by the Administrative Jurisdiction Division of the Council of State (Afdeling bestuursrechtspraak van de Raad van State) on 27 September 2012.
COMPLAINTS
The applicant complains under Article 3 of the Convention that there are substantial grounds for believing that he will be subjected to treatment prohibited by that provision if he were expelled to Somalia.
QUESTIONS TO THE PARTIES
Is it the Government’s intention to expel the applicant to Mogadishu? If so, for what reasons do the Government believe that the violence in Mogadishu is no longer of such a level of intensity that anyone in the city, except possibly those who are exceptionally well-connected to “powerful actors”, would be at real risk of treatment prohibited by Article 3 of the Convention (see Sufi and Elmi v. the United Kingdom, nos. 8319/07 and 11449/07, § 293, 28 June 2011)? Would the applicant personally be at risk of such treatment if expelled to Mogadishu?
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