European Court of Human Rights Rules Deportation of Somali Asylum-Seeker does not Violate the European Convention on Human Rights (September 10, 2015) [1]
On September 10, 2015, the European Court of Human Rights (Court) ruled [3] in R.H. v. Sweden, that the deportation of R.H. from Sweden to Somalia does not violate Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights [4]. R.H., a woman from Somalia who had unsuccessfully petitioned the Swedish authorities for asylum, sought to stop enforcement of her deportation order claiming that upon her return to Somalia she would face marginalization as a single woman and be sentenced to death if she did not go back to the man she had been forced to marry before fleeing Somalia. According to the press release [5], the Court took note of the fact that R.H. had previously filed for asylum in Italy and the Netherlands, each time giving a different name and alleging a different reason for leaving Somalia. The Court noted that “[l]ike the domestic authorities and the respondent Government, the Court has serious misgivings about the veracity of the applicant’s statements.” It emphasized that R.H. had entered Sweden illegally and had stayed there for four years without contacting the authorities, raising doubt about the validity of her asylum claim because “[i]f the threats against her were real, it was in her own interest to present them to the Migration Board as soon as possible in order to obtain adequate protection.” The Court also revisited an issue it had addressed in K.A.B. v. Sweden [6], namely “whether the prevailing level of violence in Mogadishu is of such intensity that anyone in the city would be at real risk of treatment contrary to Article 3.” In that decision, the Court had found that “although the human rights and security situation in the city was serious and fragile and in many ways unpredictable, it was not of such a nature as to place everyone present there at a real risk of treatment contrary to Article 3.” Based on reports from NGOs and the United Nations, the Court concluded that while “the general security situation in Mogadishu remains serious and fragile . . . [t]he available sources do not, however, indicate that the situation has deteriorated since September 2013.”