THIRD SECTION
Application no. 30268/13
Abdi Fataah HUSEIN ABUUKAR
against the Netherlands
lodged on 7 May 2013
STATEMENT OF FACTS
The applicant, Mr Abdi Fataah Husein Abuukar, is a citizen of Somalia. He was born in 1985 and is currently staying in the Netherlands. He is represented before the Court by Ms P. Kramer-Ograjensek, a lawyer practising in Sittard.
The facts of the case, as submitted by the applicant, may be summarised as follows.
On 17 October 2011 the applicant applied unsuccessfully 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 14 November 2012.
COMPLAINTS
The applicant complains under Articles 2 and 3 of the Convention that there are substantial grounds for believing that he will be subjected to treatment prohibited by those provisions if he were expelled to Somalia.
QUESTIONS
1. 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?
2. Alternatively, is there an internal flight alternative elsewhere in southern and central Somalia that the applicant could travel to, to which he could gain admittance and where he could settle without being exposed to a real risk of Article 3 ill-treatment (see Sufi and Elmi, cited above, § 294)?
Full & Egal Universal Law Academy