CCPR/C/117/D/2379/2014
She submits the communication on her behalf and on behalf of her four daughters, Ayaan
Hirsi Abdi, Ikraan Hirsi Abdi (twin sisters who were 16 years old when the communication
was submitted), Maida Hirsi Abdi and Anisa Hirsi Abdi (who were 13 and 10 years old
respectively when the communication was submitted).2 The author and her daughters risk
being deported to Italy following the rejection of their asylum request by the Danish
authorities. The author claims that, by forcibly deporting her and her daughters to Italy,
Denmark would violate their rights under article 7 of the International Covenant on Civil
and Political Rights. The author is represented by the Danish Refugee Council. The first
Optional Protocol entered into force for Denmark on 23 March 1976.
1.2
On 17 April 2014 and 24 May and 13 June 2016, pursuant to rule 92 of the
Committee’s 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 daughters to Italy while their case was under consideration by the
Committee.
1.3
On 19 March 2015, the Committee, acting through the Special Rapporteur, denied
the State party’s request to lift the request.
The facts as presented by the author
2.1
The author has six children. Two of them are currently residing in Somalia and four
are with her in Denmark. She belongs to the Hawyie clan and is Muslim. She fled Somalia
in 2008 as she feared the family members of her late husband, who had been killed by AlShabaab in 2012, and the family of her late husband’s second wife.
2.2
The author married in 1997. From the outset, her husband’s family had been
opposed to the marriage, as the author belonged to a sub-clan, Galjal, with a lower status
than Abgal, the sub-clan of her husband’s family. When her husband married a new wife in
2006, he refused to divorce from the author. From that moment, the author suffered
increased harassment and mistreatment from her husband’s family and the family of her
husband’s new wife. Because of this, she fled Somalia in 2008, leaving her children with
her mother. After being imprisoned in Libya for two months, the author entered Italy by
boat on 28 or 29 March 2009. She was registered as asylum seeker and housed in reception
facilities. Four months later, she was granted a residence permit valid for three years, which
was later renewed until 29 May 2015.
2.3
Upon the issuance of her residence permit, the author was informed that she could
no longer stay at the reception centre. No assistance was offered in seeking alternative
temporary shelter, finding work or more permanent housing. The author unsuccessfully
tried to find housing and employment and was living on the streets, sleeping alternatively at
railway stations, churches or informal settlements. Her attempts at finding employment in
various places in Italy all failed because she did not speak Italian well enough or because
she was wearing a headscarf.
2.4
Feeling desperate, the author travelled to Finland and sought asylum. Her
application was rejected and she was returned to Italy in May 2010. She was informed by
the Finnish authorities that she would be offered reception arrangements from the Italian
authorities upon arrival in Milan. Upon her arrival in Italy, however, she was offered no
assistance; she was registered by the police and told to leave the airport. Consequently, she
became homeless again and could not find employment despite repeated attempts.
1
2
2
No date of birth indicated.
No precise dates of birth was provided.