CCPR/C/120/D/2470/2014
1.1
The author of the communication is Hibaq Said Hashi, a national of Somalia born on
1 January 1989. She is making the complaint on behalf of herself and her minor child,
S.A.A., born on 18 May 2012 in Sweden. The author claims that if the State party were to
forcibly deport her and her son to Italy, it 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.
1.2
On 27 October 2014, pursuant to rule 92 of its rules of procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
requested the State party not to deport the author and her minor son to Italy while their case
was under consideration by the Committee. On 28 October 2014, the Refugee Appeals
Board suspended their deportation from the State party until further notice, in compliance
with the Committee’s request.
1.3
On 28 January and 7 December 2016, the Committee, acting through its Special
Rapporteur on new communications and interim measures, denied the State party’s request
to lift the interim measures.
The facts as submitted by the author
2.1
The author, originally from Qoryooley in Shabelle Hoose, Somalia, belongs to the
Madhiban clan and professes the Muslim faith. She has no schooling and used to work in
Somalia painting hands and feet using henna. Her town was dominated for the most part by
the Gare and Jidle clans and controlled by Al-Shabaab. After her divorce from her first
husband, she became acquainted with her current spouse, whom she married in February
2011. When her current spouse’s family learned about her first marriage in May 2011, they
reacted violently since they did not accept that her current husband, who belonged to the
Hawadle clan, had married someone from a different clan. In addition, her former husband
informed Al-Shabaab that, in fact, he and the author had not even divorced and that she had
had sexual intercourse with another man. On 2 July 2011, Al-Shabaab contacted the
author’s father and informed him that the author had had sexual intercourse with another
man and that she had to be stoned. On the same day, her father helped her to leave
Qoryooley. On 3 July 2011, Al-Shabaab killed the author’s father. Her current husband was
sentenced to death and the author does not know his whereabouts. She fled Somalia
because of her fear of persecution by Al-Shabaab.
2.2
In August 2011, the author arrived in Italy by boat. She was registered on 11 August
2011 and was placed in reception facilities. According to the author, the living conditions in
the reception facilities were poor: she slept under a shed roof on a mattress without sheets
and had only one meal a day. Aside from the initial registration, she does not remember
being interviewed by the Italian police and was not aware that she had a residence permit to
live in Italy (see paragraph 2.6 below). At some point, she became pregnant and started
bleeding and feeling sick. The author claims that, although the summary of the interview
with the police, as reflected in the Refugee Appeals Board’s decision of 13 January 2014,
indicates that she was hospitalized, this was not the case. She was informed that she could
not go to a hospital nor see a doctor. She was then attended to by a nurse, who confirmed
that her fetus was alive, but she did not receive any particular care. Sometimes she did not
eat as she was too weak to stand in line for the daily meal.
2.3
In March 2012, the author felt better, but still faced difficulties in getting food and
access to basic sanitary facilities. As she found out that access to housing in Italy was very
difficult and feared giving birth without access to medical assistance, she travelled to
Sweden, where she gave birth to her son on 18 May 2012. The author claims that her minor
son was not registered in Italy and does not have an Italian residence permit.
2.4
When the author learned that the Swedish authorities planned to send her back to
Italy, she decided to move to Denmark, where she and her son arrived, without valid travel
documents, on 1 August 2012. On 2 August 2012, she applied for asylum at the Danish
Immigration Service. The author claimed that if she were returned to Somalia she would be
persecuted by Al-Shabaab; that her father was killed by this group; and that her current
husband was sentenced to death. In addition, during the proceedings, she argued that if she
were returned to Italy she would once again experience harsh living conditions and would
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