CCPR/C/124/D/2734/2016
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
14 February 2019
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication
No. 2734/2016*, **, ***
Communication submitted by:
Fahmo Mohamud Hussein (represented by
counsel, initially the Danish Refugee Council
and subsequently Marie Louise Frederiksen)
Alleged victims:
The author and her son
State party:
Denmark
Date of communication:
15 February 2016 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 18 February 2016 (not issued
in document form)
Date of adoption of Views:
18 October 2018
Subject matter:
Deportation to Italy
Procedural issue:
Level of substantiation of claims
Substantive issues:
Risk of torture, cruel, inhuman or degrading
treatment or punishment
Article of the Covenant:
7
Article of the Optional Protocol:
2
1.1
The author of the communication is Fahmo Mohamud Hussein, born on 7 November
1991. She presents the communication on her own behalf and on behalf of her son, X, born
on 27 November 2015. The author is a national of Somalia seeking asylum in Denmark and
subject to deportation to Italy following the Danish authorities’ rejection of her asylum
application on the grounds that she already had a residence permit in Italy. The author
claims that, by forcibly deporting her and her child to Italy, Denmark would violate their
rights under article 7 of the Covenant. The Optional Protocol entered into force for
Denmark on 23 March 1976. The author is represented by counsel.
* Adopted by the Committee at its 124th session (8 October–2 November 2018).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Ilze Brands Kehris, Ahmed Amin Fathalla, Olivier de Frouville, Christof
Heyns, Bamariam Koita, Marcia V.J. Kran, Duncan Laki Muhumuza, Photini Pazartzis, José Manuel
Santos Pais, Yuval Shany, Margo Waterval and Andreas B. Zimmermann.
*** Individual opinions (dissenting) by Committee members Tania María Abdo Rocholl, Olivier de
Frouville and José Manuel Santos Pais are annexed to the present Views.
GE.19-02298 (E)
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