CASE OF SUFI AND ELMI v. THE UNITED KINGDOM

Violation of Art. 3 (in case of expulsion to Somalia)

Lech Garlicki;Ledi Bianku;Nicolas Bratza;Päivi Hirvelä;Sverre Erik Jebens;Vincent A. De Gaetano

s , may be summarised as follows .

The first applicant , Mr PERSON , is a NORP national who was born in DATE and is currently in detention in an FAC in GPE .

On DATE he entered the GPE clandestinely using false travel documents . On DATE he claimed asylum on the ground that as a member of the PERSON , a sub - clan of the minority ORG , he had been subjected to persecution by PERSON militia , who had killed his father and sister and seriously injured him . As a consequence , he had no surviving relatives in GPE .

On DATE the Secretary of ORG for ORG refused the first applicant ’s asylum application , finding , inter alia , that the fact he had remained in GPE until DATE undermined his claim to be a member of a minority clan . On DATE he appealed against the refusal of the application on both asylum and human rights grounds , namely ORG and CARDINAL of the Convention . On DATE both the asylum appeal and the human rights appeal were dismissed by an Adjudicator who found that his account of what had happened to him in GPE was not credible .

On DATE the first applicant pleaded guilty to CARDINAL offences of burglary , CARDINAL offences of dishonestly obtaining goods by deception and one offence of attempting to dishonestly obtain goods by deception . On DATE he was sentenced to CARDINAL months’ imprisonment . On DATE he was convicted , inter alia , of threats to kill and was sentenced to a further CARDINAL months’ detention at ORG . He was later sentenced to CARDINAL months’ imprisonment following a conviction for indecent exposure in DATE and to CARDINAL months’ imprisonment following a conviction for CARDINAL counts of burglary and theft and CARDINAL counts of attempted burglary in DATE .

On DATE the first applicant was served with a decision to make a deportation order , in which the Secretary of ORG noted the seriousness of his offences and the need to protect the public from serious crime and its effects . He also noted that he was DATE , in good health and single . Although he had been resident in GPE for DATE , he had spent his youth and DATE in GPE . In the circumstances , it would not be unreasonable to expect him to readjust to life there . The Secretary of ORG for ORG also considered LAW but concluded that the first applicant ’s deportation would not constitute a disproportionate interference with his right to respect for his family and private life .

On DATE his appeal against the Secretary of ORG ’s decision was rejected by an Immigration Judge . On DATE a deportation order against the first applicant was signed and an application for judicial review of the deportation decision was refused in DATE .

On DATE the ORG granted the first applicant interim measures under Rule CARDINAL of ORG to prevent his removal to GPE prior to the ORG ’s consideration of his application .

The second applicant , Mr ORG , is a NORP national who was born in DATE and is currently detained in an FAC .

He was born in PERSON , which is now the capital of the selfdeclared state of NORP . When he was DATE , his family moved to GPE and he never returned to the north of the country .

His father , a high - ranking officer in the army during the PERSON regime , was appointed to ORG in GPE as a military attaché in DATE . The second applicant joined him in GPE on DATE and was given CARDINAL months’ leave to enter . On DATE his father died . On DATE the second applicant made an application for asylum based on his father ’s position in the NORP army and the beginning of the civil war in GPE . On DATE he was recognised as a refugee and granted leave to remain until DATE . On DATE he was granted Indefinite Leave to Remain in GPE .

The second applicant was convicted of a road traffic offence in DATE . On DATE he was sentenced to a total of DATE and CARDINAL months’ imprisonment by a ORG for handling stolen goods , obtaining property by deception , robbery and possessing an imitation firearm while committing an offence . On DATE he was convicted of perverting the course of justice and sentenced to CARDINAL months’ imprisonment . In DATE he was convicted on further counts of theft and road traffic offences . On DATE he was convicted of theft by a ORG and placed on a curfew . On DATE he was again convicted of theft and sentenced to CARDINAL months’ imprisonment . On DATE he was convicted by a ORG on CARDINAL counts of supplying class A drugs ( cocaine and heroin ) and on DATE he was sentenced to CARDINAL months’ imprisonment . On an unspecified date the second applicant was released on licence . On DATE he was sentenced to CARDINAL months’ imprisonment by a ORG for burglary and theft .

On DATE a decision was made to issue a deportation order by virtue of section CARDINAL(CARDINAL ) of the Immigration Act DATE and the second applicant was invited to rebut the presumption that his continued presence in GPE constituted a danger to the community .

He accepted that he was a drug addict but submitted that he did not constitute a danger to the community because he had made efforts to overcome his addiction and had recognised his past wrongdoings . However , on DATE the Secretary of ORG for ORG found that he had failed to demonstrate that he would not constitute such a danger . In respect of his rights under LAW and CARDINAL of the LAW , the Secretary of ORG found that even though he had been living in GPE and could be identified as such he would not be at risk on return to GPE as he was a member of the ORG , a majority clan . In respect of his rights under LAW , the Secretary of ORG accepted that he had family ties with his CARDINAL sisters and his mother in GPE but did not consider that these relationships constituted family life for the purposes of LAW as there was no evidence of dependency going beyond the normal emotional ties . The Secretary of ORG therefore concluded that his removal would not violate Articles CARDINAL , CARDINAL or DATE of the Convention .

On DATE the second applicant ’s appeal against the decision of the Secretary of ORG for ORG was refused by ORG ( “ ORG ” ) , which considered that he could obtain clan protection in any part of GPE as he was a member of a majority clan . Although the ORG accepted that he would not find support in relation to his drug dependency in GPE , it found that this did not suffice to rebut the presumption in favour of deportation . As to his DATE claim , the second applicant had not shown that family life existed amongst his adult siblings and , even if it did , he had not shown that his circumstances were “ truly exceptional so that his removal would violate his LAW . Finally , the ORG noted that the sale of drugs posed a danger to the community and there was a real likelihood of the second applicant reoffending .

A deportation order against the second applicant was signed on DATE and on DATE he was served with removal directions . On DATE he requested , and was granted , interim measures under Rule CARDINAL of ORG to prevent his removal before his application was considered by the ORG .

On DATE the second applicant was convicted of possession of a Class A controlled drug with intent to supply and was sentenced to CARDINAL months’ imprisonment . On DATE he was again charged with possession of a Class A drug with intent to supply . A hearing has not yet taken place .

At the material time , following the refusal of an asylum application by the Secretary of ORG for ORG , an applicant had a right of appeal to ORG ( “ the ORG ” ) . Section CARDINAL of the Nationality , Immigration and Asylum Act DATE ( as inserted by section CARDINAL(CARDINAL ) of ORG , etc . ) Act CARDINAL ) provided that a party to an appeal to the ORG could apply for an order that the ORG reconsider its decision on appeal on the ground that it had made a material error of law .

Once the appeal process against the refusal of an asylum application had been exhausted , an applicant could continue to make further submissions to the Secretary of ORG for ORG . Paragraph CARDINAL of ORG ( ORG CARDINAL , as amended by ORG ) stated that :

“ When a human rights or asylum claim has been refused and any appeal relating to that claim is no longer pending , the decision maker will consider any further submissions and , if rejected , will then determine whether they amount to a fresh claim . The submissions will amount to a fresh claim if they are significantly different from the material that has previously been considered . The submissions will only be significantly different if the content :

( i ) had not already been considered ; and

( ii ) taken together with the previously considered material , created a realistic prospect of success , notwithstanding its rejection . ”

Where a person was not granted leave to enter GPE , he or she could be subject to administrative removal pursuant to paragraph CARDINAL of Schedule CARDINAL of LAW DATE . Pursuant to section CARDINAL(CARDINAL ) of LAW , the Secretary of ORG also had power to deport any person who was not a NORP citizen on the ground that his deportation would be “ conducive to the public good ” .

Council Directive CARDINAL/CARDINAL/EC of DATE on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted ( “ the LAW ” ) has the objective , inter alia , of ensuring ORG ( “ GPE ” ) Member GPE apply common criteria for the identification of persons genuinely in need of international protection ( recital CARDINAL of the preamble ) . In addition to regulating refugee status , it makes provision for granting subsidiary protection status . Article CARDINAL(e ) defines a person eligible for subsidiary protection status as someone who would face a real risk of suffering serious harm if returned to his or her country of origin . Serious harm is defined in article CARDINAL as consisting of : ( a ) death penalty or execution ; ( b ) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin ; or ( c ) serious and individual threat to a civilian ’s life or person by reason of indiscriminate violence in situations of international or internal armed conflict .

On DATE ORG of ORG ( Afdeling Bestuursrechtspraak van de Raad van State ) , when considering the case of PERSON and ORG v. ORG ( the Deputy Minister of ORG ) , lodged a reference for a preliminary ruling with ORG ( “ ECJ ” ) asking , inter alia , whether article PERSON ) of the Directive offered supplementary or other protection to LAW .

The ECJ held that article CARDINAL(c ) protection went beyond that of LAW , which was covered by article CARDINAL(b ) of LAW . The ECJ summarised the criteria to be applied as follows :

“ Article PERSON ) of the Directive , in conjunction with article CARDINAL(e ) of the Directive , must be interpreted as meaning that the existence of a serious and individual threat to the life or person of an applicant for subsidiary protection is not subject to the condition that that applicant adduce evidence that he is specifically targeted by reason of factors particular to his personal circumstances , and the existence of such a threat can exceptionally be considered to be established where the degree of indiscriminate violence characterising the armed conflict taking place ... reaches such a high level that substantial grounds are shown for believing that a civilian , returned to the relevant country or as the case may be , to the relevant region , would , solely on account of his presence on the territory of that country or region , face a real risk of being subject to that threat . ”

In DATE ( GPE ) v Secretary of ORG for ORG [ DATE ] EWCA Civ CARDINAL ORG observed that the ECJ in ORG had not introduced an additional test of exceptionality , but had simply stressed that not every armed conflict or violent situation would attract the protection of article CARDINAL(c ) . A conflict or violent situation would only attract the protection of article CARDINAL(c ) where the level of violence was such that , without anything to render them a particular target , civilians faced real risks to their lives or personal safety .

More recently , in the case of ORG and Others ( Article PERSON ) ) GPE CG [ DATE ] ORG CARDINAL , ORG ) did not consider it helpful to attempt to distinguish between a real risk of civilian deaths as a result of targeted attacks and a real risk as a result of incidental attacks . In the ORG ’s opinion , the nexus between the generalised armed conflict and the indiscriminate violence posing a real risk to life and person was met when the intensity of the conflict involved means of combat , whether permissible under the laws or not , that seriously endangered non - combatants as well as to result in such a general breakdown of law and order as to permit anarchy and criminality occasioning the serious harm referred to in the Directive .

It is a well - established principle that persons will generally not be in need of asylum or subsidiary protection if they could obtain protection by moving elsewhere in their own country . This principle is reflected both in article CARDINAL of the Qualification Directive and paragraph CARDINALO of ORG CARDINAL ( as amended ) , both of which provide that an applicant is not in need of international protection if there is a part of the country of origin where there is no well - founded fear of persecution or real risk of suffering serious harm , and where the applicant can reasonably be expected to stay .

In the cases of GPE , GPE , PERSON and PERSON v Secretary of ORG for ORG [ DATE ] ORG DATE ( GPE ) v Secretary of ORG for ORG [ DATE ] ORG CARDINAL ORG held that the decision - maker , taking account of all relevant circumstances pertaining to the applicant and his country of origin , must decide whether it is reasonable to expect the applicant to relocate or whether it would be unduly harsh to expect him to do so . In this regard , the relevant comparison was between the conditions which prevailed in the place of relocation and those which prevailed elsewhere in the country of his nationality , including in his former place of habitual residence . If the applicant could live a relatively normal life in the place of relocation , judged by the standards which prevailed in his country of nationality generally , and if he could reach the less hostile part without undue hardship or undue difficulty , it would not be unreasonable to expect him to move there . However , the more closely the persecution was linked to the ORG , and the greater the control of the ORG over those acting or purporting to act on its behalf , the more likely ( other things being equal ) that a victim of persecution in CARDINAL place would be similarly vulnerable in another place within the same ORG .

The factual background to the conflict in GPE , as described in the country reports at paragraphs CARDINAL – CARDINAL below and subsequently agreed by the parties , is as follows .

GPE is comprised of CARDINAL autonomous areas : the self - declared Republic of NORP in the north west , the state of GPE in the north east , and the remaining southern and central regions . NORP society has traditionally been characterised by membership of clan families , which are subdivided into clans and sub - clans . The CARDINAL majority clans are ORG , GPE and GPE . In addition there are a number of minority groups , which are also divided into sub - groups . The FAC and PERSON take an intermediate position between the majority clans and the minority groups .

GPE has been without a functioning central government since the overthrow of President PERSON by opposing clans in DATE . The clans could not agree on a replacement and lawlessness , civil conflict and clan warfare followed . GPE was fragmented into rival , clan - based factions and control of the city was divided among warlords . ORG was established in DATE but a combination of internal divisions within ORG and insecurity in central and southern GPE hindered it from becoming a functioning Government . In DATE ORG , a union of various LAW courts , took control of GPE . Following a period of fighting against a coalition of warlords called ORG and ORG , ORG took control of most of central and southern GPE . ORG Resolution DATE ( DATE ) authorised the deployment of ORG force to protect ORG . NORP ground and air forces also moved into GPE to support ORG and by DATE ORG had been ousted from GPE and much of southern GPE . Remnants of ORG withdrew to the southern reaches of the Lower Juba region where they continued to fight against ORG and NORP troops .

After DATE of ORG , the semblance of order and security that it had created in GPE deteriorated . Roadblocks and checkpoints returned , as did banditry and violence . Furthermore , attacks by anti - government elements on ORG and NORP forces continued in GPE , with civilians frequently caught up in the fighting . Homes and public infrastructure were destroyed and a significant part of the civilian population was displaced . The fall of ORG also bought to the fore some of the inter- and intra - clan rivalries that had been suppressed during the conflict and serious clan related fighting ensued .

In DATE the ORG for ORG was created when NORP and opposition leaders joined forces to fight ORG and NORP forces .

On DATE ORG and the opposition Alliance for ORG signed a ceasefire agreement in GPE . At the same time , ORG extended the mandate of the ORG peacekeeping mission in GPE . However , the NORP insurgents at the heart of the escalation in violence were not party to the ceasefire agreement , and instead indicated that they would continue to fight until NORP forces withdrew from GPE .

By DATE NORP insurgents , including a group called ORG , had regained control of most of southern GPE .

GPE ’s ORG met in GPE in DATE and swore in CARDINAL new members from the ORG for ORG . The ORG also extended the mandate of ORG for DATE and installed moderate NORP Sheikh PERSON as the new President .

GPE pulled its troops out of GPE in DATE . Soon after , ORG took control of GPE , formerly a key stronghold of ORG . In DATE NORP insurgents launched an attack on GPE , prompting President PERSON to appeal for help from abroad .

In DATE ORG consolidated its position as the most powerful insurgent group by driving its main rival , PERSON , out of the southern port city of GPE . Since then it has openly declared its alliance with ORG and has been steadily moving forces up towards GPE .

In DATE PERSON and ORG merged .

ORG is recognised by ORG and almost all key foreign powers as the legitimate government of GPE . However , it currently controls only a small section of GPE centred on the port , the airport and the presidential palace . It is largely dependent on ORG troops for its survival .

AMISOM is an ORG force authorised by ORG and deployed to GPE to support ORG . It currently consists of CARDINAL GPE and NORP troops .

NORP forces joined the conflict in DATE to help drive out ORG . They remained in GPE until their withdrawal at DATE .

ORG began as part of the armed wing of ORG . When the DATE NORP military intervention sent the leaders of ORG into exile , a hard core of ORG fighters remained in GPE to fight . In their DATE report , “ Harsh War , Harsh Peace ” , ORG indicated that ORG was an alliance of factions rather than a single entity , but the group ’s diverse leaders had a common agenda : defeating ORG and ORG and extending LAW law across GPE . Some of its leaders have links with ORG although the extent of ORG influence over ORG remains unclear .

ORG has emerged as the most powerful and effective armed faction on the ground , especially in southern GPE . They have received material support from the NORP government , which is eager to undercut GPE ’s interests in the region . By DATE ORG controlled more territory than any other faction in GPE , including GPE , the former seat of ORG parliament , PERSON , which had been one of ORG President ’s most reliable strongholds , and the strategic port of GPE .

ORG claimed responsibility for twin suicide bombings in the GPE capital GPE on DATE , which killed CARDINAL people watching the World Cup soccer final on television . It was PERSON first attack outside GPE and heightened concerns about its ability to carry out more attacks in the region and beyond .

Hizbul ORG is another armed group which has both a LAW agenda and the goal of driving LAW and ORG from GPE . In DATE it entered into an alliance with ORG but the alliance came to an end in DATE during the fight for PERSON . In DATE , however , it once again merged with ORG .

Ahlu Sunna PERSON is an NORP group which professes to support a more moderate agenda . The group exists primarily in central GPE , where it has maintained control over large strips of territory , predominantly in GPE and GPE regions .

NORP In DATE Ahlu Sunna PERSON signed a power - sharing and military unification pact with ORG , although at times relations between the CARDINAL groups were strained .

In GPE and others ( Lone women – PERSON ) GPE CG [ DATE ] PERSON DATE the ORG found that conditions in southern GPE and particularly in and around GPE were such that both men and women from minority clans were in danger of LAW ill - treatment and should be regarded as refugees in the absence of evidence of a clan or personal patron which could protect them . Men and women from majority clans were not likely to be in need of international protection , although individual circumstances required separate consideration . Although women were at greater risk than men , they would not be able to show that , simply as lone female returnees from GPE , they had no place of clan safety . Finally , the ORG held that the general conditions of life or circumstances in GPE did not engage the obligations of LAW or engage LAW for all female returnees . A differential impact had to be shown . Being a single woman was not of itself a sufficient differentiator .

The ORG observed in passing that , on the strength of the background evidence and the expert evidence given at the hearing , it would consider that any person at real risk on return of being compelled to live in an ORG camp would have little difficulty in making out a claim under LAW , if not under LAW .

NORP In HH & others ( GPE : armed conflict : risk ) ORG [ DATE ] PERSON CARDINAL ORG held that for the purposes of article CARDINAL(c ) of the Qualification Directive , a situation of internal armed conflict existed in GPE . The ORG held , however , that while all sides to the conflict had acted from time to time in such a way as to cause harm to civilians , they were not in general engaging in indiscriminate violence and , as a consequence , a person would not be at real risk of serious harm by reason only of his or her presence in that zone or area .

The ORG found that although clan support networks were strained , they had not yet collapsed . Majority clans continued to have arms , even though their militias no longer controlled the city . A person from a majority clan , or whose background disclosed a significant degree of assimilation with , or acceptance by , a majority clan would in general be able to rely on that clan for support and assistance , including at times of displacement . A member of a minority clan or group who had no identifiable home area where majority clan support could be found would in general be at real risk of serious harm of being targeted by criminal elements , both in any area of former residence and in the likely event of being displaced . Members of minority groups found it harder to flee and move around to escape fighting , because they were not so easily accepted in new surroundings . The ORG found that persons displaced from their home in GPE without being able to find a place elsewhere with clan members or friends would likely have to spend a significant period of time in a makeshift shelter , such as those along the road to GPE , or in an ORG camp , and could well experience treatment proscribed by LAW .

Finally , the ORG held that the issue of whether a person from a minority clan would be able to find majority clan support would often need specific and detailed consideration . The evidence suggested that certain minority groups could be accepted by the majority clan of the area in question , so as to call on protection from that clan . On the current evidence , it might not be appropriate to assume that a finding of minority group status in southern GPE was in itself sufficient to entitle a person to international protection , particularly where a person ’s credibility was otherwise lacking .

In its most recent NORP Country Guidance determination , ORG found that since its decision in HH there had been a number of significant changes in GPE .

First , the ORG found that by DATE the armed conflict had spread beyond GPE and its environs . The ORG therefore found that a situation of internal armed conflict existed throughout central and southern GPE . In respect of the intensity of the violence , the ORG noted that “ manifestly all significant armed parties to the conflict have engaged in indiscriminate attacks ” . In particular , it noted that the NORP were reported to have used means of war ( firing inherently indiscriminate NORP rockets in urban areas ) and methods of warfare ( using mortars and indirect weapons without guidance in urban areas ) that violated LAW . The FAC were reported to have engaged in aggression against civilians and to have acted “ as if they believe that they are immune from accountability , investigation or prosecution , including for crimes under international law ” . Moreover , reports indicated that insurgents had perpetrated raids , robberies and other abuses against civilians , including rape and other forms of sexual violence . The ORG referred to information received from ORG ( “ IASC ” ) which expressed concerns about :

“ indiscriminate bombardment of civilian areas ; indiscriminate use of roadside bombs and mortars from and in civilian areas ; indiscriminate shooting in response to roadside bombs ; arbitrary arrest and detention of civilians , including children ; forced evictions ; forced recruitment , including of children ; sexual and gender based violence ; intimidation and assassination of journalists , aid workers and civilian officials ; and extra - judicial killings . ”

The ORG also noted that the worsening security situation was coupled with a deteriorating humanitarian situation . It observed that CARDINAL people had been displaced from GPE and that there had been significant displacements from other towns to which armed clashes had spread . The ORG also observed first , that IDPs experienced serious problems while on the move , which included checkpoints , threats , intimidation , looting , rape , abduction and harassment ; secondly , that many did not end up in camps or makeshift settlements and consequently struggled to obtain shelter , food , water and sanitation ; and thirdly , that the effect of displacement appeared to reduce the ability of IDPs to count on protection from their own clan : even where they fled to a traditional area for their clan , the pressures of numbers and scarce resources could mean that newcomers were not supported or absorbed by the local community .

With regard to the situation in GPE , the ORG considered that :

“ the movements of population out of GPE in DATE have been unprecedented . ORG sources have estimated ( at various times ) that CARDINAL , up to CARDINAL ( or CARDINAL ) , of the population of GPE have been displaced . An DATE ORG report states that CARDINAL of GPE has been turned into an urban battleground . Since DATE there have been significantly fewer returns . Whatever the precise figures , it is clear that the ongoing violence has forced substantial numbers to flee the city more than once and flight seems an ongoing process : the ORG report of DATE cites PERSON estimates that CARDINAL people recently fled their homes due to the fighting and shelling ( GPE , A CARDINAL ) . The FAC Reply dated DATE states that : “ [ a]ccording to the ORG CARDINAL people were displaced from the city during DATE and CARDINAL since DATE CARDINAL ” . Armed clashes have increasingly destroyed housing , market areas ( LOC market has been deliberately shelled ) and infrastructure and the recent closure of the airport is likely to make matters in GPE worse . According to ORG , the aid community has been largely ineffective in providing the necessary aid to those who have stayed in GPE ( GPE evidence CARDINAL ) . They also state that GPE is a “ ghost town ” and that only the most vulnerable remain there . ”

It concluded that since HH the situation in GPE had changed significantly , both in terms of the extent of population displacement away from the city , the intensity of the fighting and the security conditions there . On the available evidence the ORG considered that GPE was no longer safe as a place to live for the great majority of its citizens . It did not rule out that there might be certain individuals who on the facts might be considered to be able to live safely in the city , for example if they had close connections with powerful actors in GPE , such as prominent businessmen or senior figures in the insurgency or in powerful criminal gangs . However , barring cases of this kind , in the case of persons found to come from GPE who were returnees from GPE , the ORG found that they would face on return a real risk of persecution or serious harm and it was reasonably likely , if they tried staying there , that they would soon be forced to leave or that they would decide not to try to live there in the first place .

Nevertheless , the ORG were not persuaded that the situation in central and southern GPE had reached the threshold where civilians per se or NORP civilian IDPs per se could be said to face a real risk of persecution , serious harm or treatment proscribed by LAW . First , although the levels of violence had increased in intensity , the numbers of those killed and wounded was not of great magnitude . Secondly , while the humanitarian situation was dire , it did not appear that civilians per se faced a real risk of denial of basic food and shelter and other bare necessities of life . Thirdly , while there was evidence of attacks on IDPs , in view of the huge numbers of people displaced ( CARDINAL according to some reports ) , it appeared that the great majority of IDPs were able to travel and subsist in ORG camps or settlements without serious setbacks .

DATE . Rather , the ORG assessment of the extent to which IDPs would face greater or lesser hardships , at least outside GPE , would vary depending on a number of factors . In particular , the ORG noted that IDPs from more influential clans appeared to have a better chance of being tolerated in the area to which they fled ; IDPs with a traditional clan area that they could travel to , especially if they had close relatives or close clan affiliations in that area , appeared to have better prospects of finding safety and support ( although not if the area concerned was already saturated with fellow IDPs ) ; those who lacked recent experience of living in GPE appeared more likely to have difficulty dealing with the changed environment in which clan loyalties had to some extent fractured ; persons returning to their home area from GPE could be perceived as having relative wealth and might be more susceptible to extortion , abduction and the like ; those who lived in areas not particularly affected by the fighting and which were not seen as strategically important to any of the main parties to the conflict would appear less subject to security problems ; women and girls faced the additional risks of rape , abduction and harassment ; the prevailing economic conditions in the area would also be relevant , bearing in mind GPE ’s history of droughts , poor harvests and rising food prices .

The ORG recognised that there had been a significant change in the clan - based character of NORP society since PERSON was promulgated . Clan protection was not as effective as it had been in DATE and conflicts over scarce resources had complicated the situation and made it unpredictable . This did not mean , however , that the clan or sub - clan had ceased to be the primary entity to which individuals turned for protection .

As regards internal relocation , whether those whose home area was GPE ( or indeed any other part of central and southern GPE ) would be able to relocate in safety and without undue hardship would depend on the evidence as to the general circumstances in the relevant parts of central and southern GPE and the personal circumstances of the applicant . Whether or not it was likely that relocation would mean that they had to live in an ORG camp would be an important but not necessarily a decisive factor .

The ORG considered the safety of en route travel from FAC , which was the point of return for anyone being removed to central and southern GPE . The ORG noted that :

“ The airport is one of the facilities patrolled by ORG troops ( GPE , CARDINAL ) . According to GPE Humanitarian Overview , DATE , normally CARDINAL commercial flights arrive and depart on a DATE basis to and from the rest of GPE , GPE , GPE and GPE . The FAC Reply of DATE notes that it is expected in DATE will leave via ORG to perform PERSON in GPE . At the time of HH , the airport was fully operational with flights arriving and departing regularly . However in DATE the situation has been unsettled . There were attacks of some kind in DATE and the downing of a plane by a missile in DATE ( GPE , CARDINAL ) . The airport was attacked by insurgents on DATE as the President ’s plane left for talks in GPE . On DATE a group identifying themselves as PERSON threatened to shut the airport down , although a counter - report from ORG said that the NORP forces did not intend to close it . It was closed on DATE . On DATE there were mortar attacks on it upon the arrival of an ORG military plane ( GPE , PERSON ) . A Press TV cutting dated DATE states that CARDINAL heavy mortars landed inside ORG injuring a number of soldiers . The assailants apparently targeted a plane trying to land . A ORG Reply dated DATE reports an ORG source as saying that on DATE a civilian plane carrying CARDINAL NORP deportees from GPE managed to land without incident . A CARDINAL DATE press report refers to several mortar attacks on the airport . We were told by the respondent at the outset of the hearing that removals to GPE were temporarily suspended because of travel documentation problems , but it may well be , in the light of these recent developments , that for the immediate future at least , there would be difficulties in ensuring safe arrival in any event . ”

NORP In HH the ORG had concluded that those moving around GPE and the environs would in general not be at risk of serious harm at checkpoints , although it left open the possibility that the situation might be different if a person were likely to encounter a non - ORG checkpoint alone , without friends , family or other clan members . However , in AM the ORG noted that from DATE ORG for the Co - ordination of ORG estimate of the number of roadblocks / checkpoints in central and southern GPE showed an increase from CARDINAL in DATE to CARDINAL in DATE and considerably CARDINAL were under the control of insurgents . Nevertheless , while the ORG found that ORG appeared by and large to have lost control of many of the roadblocks and checkpoints in central and southern GPE , the evidence continued to indicate that they retained control of the main road from the airport into GPE . While there was some evidence that the road came under attack from insurgents on a DATE basis , there was clearly a great deal of ongoing movement of people along the roads in central and southern GPE and in and around the airport and the ORG did not consider that the available evidence demonstrated a real risk en route of persecution or serious harm for travellers from the airport to GPE .

One of the applicants in HH and CARDINAL of the applicants in AM were granted leave to appeal to ORG . Their appeals were joined to those of CARDINAL other NORP applicants .

HH contended that the ORG had erred in its application of the provisions of article CARDINAL(c ) of the Qualification Directive as it had held first , that the notion of an “ individual threat ” required a “ differential impact ” and secondly , that article PERSON ) did not add anything to ORG and CARDINAL of the LAW . Before ORG , the Secretary of ORG for ORG accepted that the ORG had erred in its interpretation of article PERSON ) , but submitted that the error was not material . ORG held that if the correct ( post - Elgafaji ) approach to article PERSON ) had been applied to the facts found by the ORG , it was inevitable that it would have found that the population of GPE as a whole was not subject to such a high level of indiscriminate violence as to justify the conclusion that merely to be there attracted entitlement to subsidiary protection . Consequently , ORG dismissed ORG ’s appeal on the ground that the error of law was not material .

The ORG had accepted that AM was from LOC . It noted that there was no longer any significant fighting there but accepted that there was evidence that en route travel to LOC was hazardous . Nevertheless , the ORG held that it was not empowered to consider the risk faced in making the journey : rather , it was for the Secretary of ORG for ORG , in finalising the removal arrangements , to satisfy herself that there would be safe en route travel for AM . AM appealed to ORG on the ground that this was not a lawful approach . ORG allowed the appeal , finding that in any case in which it could be shown either directly or by implication what route and method of return was envisaged , the ORG was required by law to consider and determine any challenge to the safety of that route or method . The ORG therefore fell into error as it had declined to consider ORG safety on return . ORG remitted the case to the ORG to consider this issue .

DATE . J had sought judicial review of the Secretary of ORG for ORG refusal to accept as a fresh claim her submissions about the situation facing her were she to be returned to GPE . ORG had held that if the removal directions had indicated that J was expected to go by road from FAC to her home town , the evidence would have given her a strongly arguable case for judicial review . However , as the detail or method of return was neither clearly nor necessarily implicit within the immigration decision , the judicial review application had been refused . J appealed to ORG . For the same reasons adopted in AM ’s case , ORG allowed the appeal . ORG indicated ( on an obiter basis ) that the Qualification Directive and the Asylum Procedures Directive read together required that the issues of safety during return ( as opposed to technical obstacles during return ) should be considered as part of the decision on entitlement . Only technical obstacles could legitimately be deferred to the point at which removal directions were being made or considered . If there was a real issue of safety on return the Secretary of ORG had to engage with it in his decision on entitlement to protection . If he failed to do so , the appeal tribunal would have to deal with the issue . In any case , the decision on entitlement had to be made within a reasonable time and could not be left until the Secretary of ORG was in a position to set safe removal directions .

MA appealed against the rejection of his LAW claims by the ORG . In particular , he complained that the ORG had misdirected itself because it had focused on his failure to tell the truth when it should have asked whether there was evidence relating to his own particular situation , even ignoring his own rejected testimony , which would support his contention that there was a real risk on return . ORG accepted that the ORG had adopted the wrong approach , apparently considering that the applicant ’s lies had disabled it from reaching a conclusion on the LAW risk . Had it made an assessment on the basis of the available evidence , it would have had to have concluded that the applicant was at risk of LAW ill - treatment on return . ORG noted that following AM , the Country Guidance relating to GPE was such that most potential returnees would be entitled to subsidiary protection under LAW . It therefore followed that only those NORP who could get without undue risk to a place of safety or who had access to protection against the endemic dangers could properly be deported or returned . It was accepted that MA was from a minority clan , that he had not been in GPE for DATE , and that for much of that time he had been in detention . There was therefore sufficient evidence before the ORG to at least establish a real risk that he would not have the necessary contacts in GPE to afford him the necessary protection .

In AM ( Evidence – route of return ) GPE [ DATE ] ORG ( ORG ) ORG held that ORG had failed to give adequate reasons for concluding that the applicant could safely reach his home area of GPE from FAC . However , on reconsideration the ORG was not satisfied that returning him would give rise to a breach of LAW . In particular , it found that travel took place with some degree of frequency from the airport to the city of GPE and into other areas of GPE ; that as the applicant had lived in GPE and GPE , he would be well able to anticipate and comply with the requirements of ORG ; that there was nothing which would put him at any risk were he to encounter a ORG checkpoint ; that the evidence did not support a finding that all men or young men were at risk of forced recruitment by ORG ; and , that as the applicant was not found to be a minority clan member , and as his uncle had been able to fund his departure from GPE , he would be able to avoid foreseeable risks and pay the relatively modest sums demanded at checkpoints .

The NORP Migration Court of Appeal , which is the court of final instance in immigration cases , found that a situation of internal armed conflict existed throughout the whole of southern and central GPE which was sufficiently serious to expose the NORP applicant to a risk of serious harm , even though he could not demonstrate that he would be specifically targeted . The court had regard to many reports which indicated that the fighting had increased in DATE and that the situation had become very unstable and unpredictable . Moreover , due to the worsening security situation , the presence of ORG and other international organisations had decreased and , as a consequence , detailed and updated information was hard to come by . Although the safety level in GPE and GPE was considered to be acceptable , a NORP returnee could only gain admittance to those areas if he was seen as belonging or having another connection to them . As that was not the case with the applicant , the court concluded that he could not internally relocate and that he should thus be given a residence permit and subsidiary protection in GPE .

The fact - finding mission interviewed a number of anonymous sources , including international NGOs , security advisors and diplomatic sources , about the current security and humanitarian situation in southern and central GPE . In particular , the mission sought to obtain information on which groups controlled which areas , how easy it was to travel between different areas , the security and human rights situation , and the conditions in the ORG camps .

Sources indicated that control of GPE was divided between ORG , backed by ORG troops , and PERSON . Although the sources had different views on which groups controlled which districts , they mostly agreed that ORG controlled the airport , the seaport , LOC and the road between the airport and LOC .

Sources indicated that the security situation in GPE was poor , with CARDINAL of civilians killed in the fighting between FAC and PERSON . Areas controlled by ORG were at risk of shelling by ORG , while areas controlled by ORG were at risk of shelling by ORG . All parties to the conflict were guilty of indiscriminate shelling . Violence was sporadic and rape was an issue in many areas . Consequently , there was a constant movement of IDPs into and out of the city . However , CARDINAL diplomatic source suggested that it would be possible to live in non - conflict areas of the city , which were generally considered to be safe .

Sources also indicated that the nature of ORG violence had become more sophisticated over DATE as foreign fighters had brought with them new tactics and techniques . They not only carried out targeted attacks against AMISOM troops and ORG ministers and MPs , but they also carried out random killings of civilians in GPE in order to create disorder and chaos .

The report noted that there were regular flights into GPE , most of which were destined for FAC . ORG informed the Mission that CARDINAL flights arrived in GPE DATE . An airplane captain working for ORG also told the Mission that his airline had carried CARDINAL passengers into GPE in DATE .

The road between the airport and GPE was controlled by ORG with ORG support and these groups managed all checkpoints along the route . It would not be particularly dangerous for ordinary NORP unless they found themselves “ in the wrong place at the wrong time ” . However , there were reports of a failed attack on the airport on CARDINAL September CARDINAL and some sources suggested that contacts were required in order to make the journey from the airport . ORG for ORG on GPE indicated that those members of the diaspora who regularly travelled to GPE were well - connected and that mobility was limited unless the individual was aligned with a militia . Likewise , a representative from an international NGO indicated that “ any NORP returning to FAC would need a lot of preparation and would need to ensure they had contacts in GPE ” .

A representative from CARDINAL international NGO suggested that ORG knew who was landing at the airport as they were receiving information from ORG soldiers based there .

Most of the sources interviewed agreed that NORP were able to move around within GPE without much restriction . CARDINAL sources described the checkpoints in the city as “ random ” or “ variable ” as they tended to change according to fighting areas and the level of control of specific groups . CARDINAL source suggested that checkpoints operated by ORG or PERSON were more difficult to negotiate as they were operated with less discipline and normally demanded money . ORG checkpoints normally checked that people were obeying their code of behaviour and would therefore stop women travelling alone . Some individuals operating these checkpoints would punish those who were not acting according to ORG rules .

Contrary to the majority opinion , the EU Special Representative informed the fact - finding mission that all civilians in GPE would either be aligned to a militia or completely unable to get out of the town . The Special Representative even suggested that some NORP were unable to leave their own district .

There was no consensus on which groups controlled the other regions in southern and central GPE , although all agreed that ORG controlled most of the land south of a line drawn between PERSON and Dhusarmareb . Militias broadly aligned with ORG controlled pockets of land on the NORP border . PERSON was nominally in control of some small areas , including parts of FAC , but ORG influence in these areas was significant . Finally , the region of PERSON was controlled by a local clan - based administration which acted under the umbrella of Ahlu Sunna Waljamaca .

Outside GPE , people were generally permitted to travel within the areas controlled by ORG although they could encounter difficulties at checkpoints if they were not obeying ORG rules . Although ORG had endeavoured to remove “ illegal ” checkpoints , a number of sources indicated that some clan militia checkpoints remained . The evidence appeared to suggest that it was possible to negotiate the various checkpoints , although a certain amount of risk was involved .

A diplomatic source stated that young men travelling in ORG held areas could be targeted by ORG for recruitment . This was supported by an international NGO , which advised that forced recruitment was becoming systematic . Young men were asked to register with PERSON , including those who were stopped at checkpoints .

A number of sources considered the areas controlled by ORG to be stable and generally safe for those NORP who were able to “ play the game ” and avoid the unnecessary attention of ORG . CARDINAL the other hand , CARDINAL international NGO believed that there were “ no safe areas in southern - central GPE as long as LOC and PERSON were present ” . Another NGO indicated that everywhere in southern and central GPE had been affected by violations of international humanitarian law and by a situation of generalised violence and displacement over DATE on account of the expansion of the insurgency outside GPE . Finally , a diplomatic source stated that “ everywhere is volatile and can change at any time ” .

With regard to the human rights situation , forced recruitment of adults and children appeared to be an emerging problem , particularly for those displaced in FAC . Sources suggested that all parties to the conflict recruited children , although it was not certain that ORG forcibly recruited them . Child recruitment was , however , very common in ORG areas , as they would forcibly recruit the eldest son from local families , some of whom were as young as DATE . Adult males were also forced to register with ORG in ORG .

Moreover , the sources indicated that in ORG areas , human rights were practically non - existent because of the organisation ’s interpretation of LAW law , which was not in accordance with the beliefs of ordinary NORP . Consequently , people lived in fear as there were serious punishments if ORG orders were not obeyed . Women in particular were routinely targeted and were not permitted to engage in trade . In addition , ORG had made a concerted effort to drive NGOs out of its areas by a number of means , including demanding payment of a “ registration fee ” of up to ORG CARDINAL,CARDINAL , looting warehouses and threatening workers . In some cases ORG had stolen aid and confiscated the assets of NGOs to sell for profit . There was therefore no international NGO presence in ORG controlled areas and health and feeding programmes had been stopped , with significant consequences for the civilian population .

Finally , sources were asked about the conditions in ORG camps . They indicated that although those with resources had left GPE , there were CARDINAL people displaced within the city and no humanitarian assistance was available to them . Estimates suggested that there were a further CARDINAL people in FAC , which had become increasingly urbanised . It was difficult to give an exact number of the people based in the corridor because , due to the nature of the fighting , a lot of people were going back and forward to GPE . Moreover , access for NGOs was difficult as the corridor was controlled by “ gatekeepers ” who controlled who and what moved into and out of the area . These “ gatekeepers ” tended to be opportunists who were not aligned to any particular group but they were able to make assistance from NGOs very difficult . CARDINAL NGOs said that it was incredibly difficult to access the corridor and , where access was possible , aid was often diverted . Moreover , landlords in the area were either selling the land that the IDPs lived on or were charging rent that they could not afford , forcing them to move on .

CARDINAL international NGO believed that there was a hierarchy within the camps , but did not know whether it was based on clan membership or length of residence . Consequently , it could not be guaranteed that majority clan members would not face problems within the ORG camps .

The sources were not aware of any other significant ORG settlements within GPE .

Operational Guidance Notes ( “ OGNs ” ) are produced by ORG of ORG . They evaluate the general , political and human rights situation in a country and provide guidance on the nature and handling of the most common type of claim .

The ORG on GPE of DATE described how fighting by ORG troops , allied militias , and LAW forces against anti - government forces in southern and central GPE had resulted in widespread human rights abuses , including the killing of CARDINAL of civilians , the displacement of CARDINAL people and widespread property damage , particularly in GPE . However , a fall in clashes between government troops and insurgents had led to a substantial drop in the numbers of civilians killed in fighting in GPE in DATE . The GPE - based ORG stated that CARDINAL civilians were killed in fighting in DATE , down from CARDINAL in DATE and CARDINAL in DATE . CARDINAL civilians were wounded and CARDINAL families displaced by clashes in DATE .

The report noted that while GPE remained the focus of the insurgency , fighting had occurred in other parts of the country , including PERSON , PERSON , the GPE and ORG regions , from GPE to GPE and around the central towns of GPE and PERSON .

NORP The report indicated that restrictions on movement within GPE had reduced significantly compared to when the ORG considered the situation in AM and AM ( GPE ) . In particular , checkpoints operated by ORG had decreased and there were no reports of armed clan factions operating checkpoints in DATE . ORG had established checkpoints at the exit / entry routes of the towns under its control for security reasons . It checked goods , searched people and ensured that its strict NORP codes were enforced , but it did not collect money . There were also reports that ORG had eradicated extortion , robbery and murder from bandits in areas it controlled .

With the exception of GPE , there were no reports of checkpoints between towns or within towns , as was common in DATE . There were , however , several checkpoints on the route from GPE towards LOC and some precautions could be necessary , particularly during militia fighting . There was no evidence that those not of adverse interest to ORG , PERSON or groups such as PERSON or Ahlu Sunna PERSON , would be unable to pass through checkpoints safely . During overland trips clan protection was not required unless ongoing animosities between CARDINAL rival clans were involved . Individuals would not generally need an escort , but if they considered an escort to be necessary , it would be feasible for them to arrange CARDINAL either before or after arrival . It would therefore be feasible for many to return to their home areas from FAC as most areas were more accessible than previously .

NORP The report also noted that it was possible for NORP to fly from FAC directly to PERSON , in GPE , a region which was widely considered to be relatively safe . However , the authorities in GPE , like the authorities in GPE , would only admit those who originated from the territory or those who had close affiliation to the territory through clan membership . In GPE , the majority clan was the PERSON .

ORG . With regard to the human rights situation , the report noted that :

“ ORG currently controls much of southern and central GPE , including large portions of GPE . ORG has maintained control of a few areas in the south east of the city , government installations , the Presidential palace and strategic locations such as the airport and seaport . ORG controls large portions of GPE including the north and north - east parts of the city , the main stadium and the main market . It controls nearly all of Middle and LOC regions , GPE , LOC , ORG region , and parts of LOC region . This includes control of the key port cities of PERSON and PERSON and the GPE border town of PERSON . It also wields significant influence in LOC and PERSON region .

The human rights situation has deteriorated particularly in areas controlled by PERSON and allied extremist groups . ORG and other armed groups have continued to violate women ’s rights in southern and central GPE . Women face arbitrary detention , restriction of movement and other forms of abuse for failure to obey orders , including non - observance of dress codes . There is a rising pattern of inhuman and degrading treatment , including stoning , amputations , floggings and corporal punishment . Men too are subjected to inhuman and cruel treatment for their illicit relationship with women and other offences such as ‘ ORG . Journalists have been repeatedly subjected to threats and short - term arbitrary detentions , particularly in GPE and PERSON . ORG has increasingly targeted civil society groups , peace activists , media and human rights organisations . Humanitarian assistance has been severely hampered by the prevailing insecurity and threats specifically targeting humanitarian agencies . In southern and central GPE there is evidence that children are being exposed to recruitment into armed forces by all parties to the conflict . ”

In respect of the humanitarian situation , the report indicated that by DATE the total number of displaced persons had reached MONEY , PERCENT of whom were concentrated in southern and central areas , including CARDINAL in the GPE corridor . The security situation was having a negative impact on the relief operation . Rising threats and attacks on humanitarian operations , as well as the imposition of demands from armed groups , had made it virtually impossible for ORG ( “ ORG ” ) to continue reaching people in need in southern GPE . Inflammatory statements by ORG against relief organisations , threats against humanitarian staff , explicit rejection of foreign food aid and demands for fees had all worsened .

NORP The report concluded that while the general humanitarian situation in southern and central GPE was poor , it was not so serious as to cause , in itself , a breach of LAW Aid agencies were subjected to obstructions and dangers in delivering aid to IDPs but most of those in need continued to be reached and efforts were being strengthened to sustain critical food operations in southern and central LAW CARDINAL threshold was met .

NORP The report indicated that ORG respect for human rights had improved . However , the poor human rights situation in GPE had deteriorated further during DATE , especially in the areas controlled by ORG and allied extremist groups . Human rights abuses included unlawful and politically motivated killings , kidnappings , torture , rape , amputations , beatings , official impunity , harsh and life - threatening prison conditions , and arbitrary arrest and detention .

With regard to movement within GPE , the report indicated that checkpoints operated by ORG and its associated militias had decreased . According to a report by PERSON , ORG established checkpoints at the exit / entry routes of the towns under its control for security reasons . There were no reports of checkpoints between towns or within towns , as was common in DATE . There were also no reports of armed clan factions operating checkpoints during DATE .

The report noted that the humanitarian situation in GPE remained dire as the fighting in GPE had added more challenges to already poor conditions on the ground . CARDINAL people had been displaced and CARDINAL had fled to neighbouring countries in DATE . Targeted attacks on humanitarian groups had made delivery of assistance difficult and ORG had suspended assistance in areas controlled by ORG .

The report noted that the situation in southern GPE and in GPE in particular was unstable and the power balance in the regions , districts and urban areas could change almost from DATE . Consequently , information on area control could become out of date very quickly .

It was clear , however , that the military and political situation remained extremely complicated . Large areas of southern GPE were controlled by ORG and other NORP groups in opposition to the authorities . Many areas of GPE had been the scene of shooting , shelling and fighting between NORP and Government forces supported by ORG . In spite of a certain amount of stability in parts of the country , the civilian population was still the victim of indiscriminate violence , albeit to a slightly lesser extent than previously . Leading observers agreed that the situation was fragile as the NORP groups had the will and means to continue to fight , while ORG was weak and probably would not survive without the presence of LAW .

The ORG Special Envoy for Human Rights , together with a number of other international observers , noted that the arrival of foreign jihadists in GPE had resulted in ORG operations becoming “ professionalised ” , which meant that they were implemented with greater precision and brutality . According to a number of observers , individual ORG cells were controlled by foreign jihadists who did not wish for peace or to enter into any form of dialogue with the authorities .

With regard to the humanitarian situation , the report noted that while the nutritional situation was expected to improve in DATE on account of a good harvest , the food security situation remained poor . Food prices were high and access to clean drinking water remained a considerable problem .

Estimates indicated that the total number of displaced persons in GPE was CARDINAL . Resources in local areas were stretched to the maximum as the displaced from GPE sought refuge in traditional clan areas . While clan members were prepared to share what resources they had as far as possible , displaced persons without clan connections did not have that safety net and were therefore in a more difficult position . However , the report quoted the ORG Special Envoy as stating :

“ Monitoring the human rights situation in south and central GPE remains very difficult due to the serious constraints on gathering information owing to security conditions . The independent expert was himself unable to visit the region . Nevertheless , major human rights concerns have been documented and the independent expert remains deeply concerned at the deterioration of the situation . ”

The report noted that freedom of movement in GPE had improved since DATE and the general impression was that the population could travel relatively freely in both government controlled areas and areas controlled by other groups . The removal of road blocks had had a positive effect on criminality as cases of “ rape and run ” had previously been widespread in these areas . However , in spite of the improvements , restrictions imposed by ORG on women restricted their freedom of movement and had a negative impact on their families , which were often dependant on women ’s income from trading .

International organisations had increasingly been the target of violent attacks DATE and , because of the safety risk , only a few international representatives remained in southern GPE . Like the ORG and foreign embassies , business was run from main offices in GPE while local employees were responsible for work on the ground in GPE . Local human rights organisations could not publish detailed reports for fear of their own safety . However , aid work in GPE could be risky for local employees as they were increasingly coming under attack .

In any case , aid organisations had limited access in the areas controlled by ORG . In DATE the ORG decided to suspend its activities in the ORG controlled areas . This has had consequences for the population in LOC , ORG and GPE as access to the necessary food supplies and other aid was limited . Moreover , at DATE , ORG ordered ORG , ORG and PERSON out of the areas under their control on the ground that they were operating missionary activities . With these CARDINAL organisations gone , very few international aid organisations remained in place in southern GPE .

With regard to the situation in GPE , the report noted that conditions in the different areas varied and there was a difference between the northern and southern parts of the capital . The areas of LOC , ORG , PERSON , Bondheere , PERSON and PERSON were the hardest hit by shelling and attacks . To a lesser extent , the districts of LOC , PERSON , PERSON , PERSON and PERSON were also affected by the fighting . However , the report noted that the situation was unpredictable and could easily change . For example , the Karaan district in the north had previously been considered relatively peaceful but was now shot to pieces and all its inhabitants had fled .

According to a well - informed international aid worker , CARDINAL people per week died in GPE due to fighting . It was difficult to estimate how many of the dead were civilians . It was also difficult accurately to estimate the number of displaced . According to the ORG , there were CARDINAL displaced persons in GPE and CARDINAL in GPE . However , it was possible that there were great margins of error as the ORG estimates were based on satellite images and it was thought that many houses had been built to mislead aid organisations . Nevertheless , well - informed sources indicated that the situation in GPE DATE was much more difficult than it had been at DATE as international organisations were no longer able to carry out their tasks . Poverty was more widespread in GPE than it had been previously and it was therefore more difficult to help those in need . In addition , the clan system had been weakened .

Outside GPE the fighting was mostly localised around certain key areas and towns . Strategic towns such as GPE , PERSON and various towns in the PERSON had changed hands many times in DATE and there were also tensions in GPE and GPE . However , the main challenge for most of the population of southern GPE was humanitarian . PERCENT of all children DATE in southern GPE were malnourished and medical treatment was limited , especially in villages , where it was estimated that there was CARDINAL doctor per CARDINAL inhabitants .

NORP In his report to ORG on CARDINAL DATE , the Secretary General noted that there had been increased fighting in southern and central GPE during DATE . CARDINAL people had been displaced during this period . In addition to the fighting in GPE , there was also continued fighting between ORG and PERSON in PERSON and PERSON , and between ORG and ORG Sunna Waljamaca in the central region . ORG staff faced direct threats from armed groups in these areas and the presence of international staff in these regions was restricted .

The security situation continued to have a direct impact on the provision of humanitarian aid . The report noted that on DATE ORG called for the termination of all ORG ( “ ORG ” ) operations inside GPE , and on DATE and DATE ORG compounds in GPE and GPE were occupied by ORG . There had been no food distribution to over CARDINAL IDPs in the GPE corridor since DATE owing to inaccessibility and CARDINAL intended beneficiaries were not receiving food distributions throughout the south and central regions .

In his report to ORG on DATE , the Secretary General noted that volatility and insecurity had once again increased in GPE . ORG and ORG frequently engaged the insurgents in response to mortar fire and direct attacks and military operations to secure positions in key districts of GPE led to fierce battles . Moreover , the frequency of attacks with improvised explosive devices had led to an increase in civilian casualties during the reporting period . According to ORG , CARDINAL civilian casualties were admitted to the CARDINAL main hospitals in GPE from DATE to DATE . That figure , which included CARDINAL children DATE and CARDINAL registered deaths , had left GPE ’s already weak health services struggling to cope with the casualties . He also reported that beyond GPE , sporadic clashes between ORG and ORG Sunna ORG continued in the central regions and the continuing insecurity had hampered ORG operations in GPE by limiting freedom of movement for ORG staff and contractors . In DATE ORG seized the compound of ORG and the houses of CARDINAL national staff .

The ongoing conflict , particularly in GPE , had displaced CARDINAL people in DATE and CARDINAL people in DATE .

In the Secretary - General ’s report of CARDINAL DATE on children and armed conflict in GPE , he noted that civilians , including children , continued to be the majority of casualties in GPE , primarily as a result of being caught in the crossfire between the parties to the conflict , shelling and explosions . During DATE CARDINAL people , including CARDINAL children , relied on humanitarian assistance . However , food supplies remained disrupted , access to clean water and medical assistance hindered , and hospitals were stretched to capacity . As from DATE , food distribution by ORG was disrupted in all areas controlled by ORG .

Moreover , the climate of violence and impunity exacerbated grave violations of children ’s rights as individuals were taking advantage of the lack of rule of law and the availability of arms to commit violent crimes against children and other vulnerable members of the population . This was borne out by evidence of rising levels of acts of sexual violence against children . Most at risk were women and girls living on the streets or in open and unprotected settlements for IDPs . In addition , available information indicated that ORG had undertaken systematic and widespread recruitment of children for use in the conflict . Indeed , it was alleged that at the GPE base between LOC and PERSON , ORG had CARDINAL children , some as young as DATE .

In his most recent report to ORG , dated DATE , the Secretary General stated that a major military offensive against ORG had begun on DATE . The offensive by the Ahlu PERSON Jama’a and other groups allied with ORG against ORG in southern central GPE had focused on the GPE - GPE - GPE border . Hostilities centred on the GPE , FAC and ORG regions , with armed conflict most prevalent in PERSON and , to a lesser extent , in the vicinity of PERSON and PERSON . Troops allied with ORG had taken control of the town of ORG , close to the NORP border , on DATE . Reports of heavy casualties and intensified recruitment efforts on the part of ORG suggested that the group ’s capabilities might have been reduced . However , ORG continued to receive arms and ammunition through southern NORP ports and acquire financial resources from extortion , illegal exports and taxation .

At the date the report was drafted , heavy fighting had again broken out in GPE and ORG reported that hospitals were swamped with war - wounded . According to a report by ORG , in DATE CARDINAL civilians died and CARDINAL were injured as a result of the increased fighting and shelling . While most casualties appeared to have been the result either of attacks by ORG and its allies against ORG and GPE forces or retaliatory attacks by ORG , direct fighting between NORP such as ORG Sunna PERSON and ORG combined with inter - clan clashes in central GPE also contributed to the high number of deaths . In addition , reports indicated that parties to the conflict had failed to adhere to the principles of international humanitarian law relating to the protection of civilians as hostilities had been waged in urban areas and precautionary measures to avoid civilian casualties had been disregarded .

With regard to the human rights situation in areas under PERSON control , ORG recorded reports of CARDINAL executions by firing squad or stoning , mostly for alleged spying or murder , CARDINAL cases of amputation , mostly of suspected thieves , and the flogging or whipping of CARDINAL individuals . In addition , CARDINAL cases of beheading were reported , including those of CARDINAL workers allegedly killed in DATE because they were involved in reconstruction work at the ORG , and CARDINAL people were allegedly shot dead in DATE when they fled from a house in GPE raided by PERSON because they were watching a World Cup match .

Displacement also continued to be a problem . According to a ORG report , during DATE CARDINAL NORP sought refuge in neighbouring countries and CARDINAL were internally displaced . As of DATE , there were CARDINAL NORP refugees , mainly hosted in GPE , GPE , GPE , GPE , GPE , GPE and GPE . In addition , CARDINAL NORP were internally displaced . Assessments conducted revealed that there was a high prevalence of sexual violence in ORG camps , victims were generally of minority clan origin , bereft of clan protection and often forced to engage in risky coping mechanisms .

Recruitment of children to be put on the front line remained an issue of major concern . Although recent media attention highlighted the presence of children within the ranks of forces linked to the ORG , the majority of reports of new instances of child recruitment attributed responsibility to anti - Government elements .

The report further noted that a public health crisis persisted in southern and central GPE . While good rains DATE had improved the food security situation , CARDINAL people ( PERCENT of the total population of GPE ) continued to face a humanitarian crisis . Moreover , the number of acutely malnourished children was estimated to be CARDINAL , of which CARDINAL were severely malnourished , and the majority of these were in southern and central GPE . The forced movement of people on account of the conflict also limited access to clean water and basic health services .

NORP ORG ’s Eligibility Guidelines for Assessing the International Protection Needs of Asylum - Seekers from GPE ( “ the LAW ” ) were published on CARDINAL DATE . ORG noted that over DATE there had been a consistent failure by all parties to respect basic principles of international humanitarian law , resulting in civilians regularly being caught in the cross - fire . Indiscriminate bombardment and military offensives were carried out in civilian areas with little or no regard for the rules of war and road - side and vehicle - borne bombs , grenade attacks in civilian areas , and deliberate attacks on civilian targets were all too frequent . Hospital records indicated that there were over CARDINAL civilian casualties in GPE in DATE and DATE . Other estimates suggested that CARDINAL civilians were killed in GPE DATE .

While the armed conflict was a major cause of displacement , the report noted that increasing numbers of NORP were fleeing due to fear of persecution linked to the recent political and human rights situation . Others feared persecution due to perceived or actual contravention of traditional NORP social norms and practices . These groups included members of minority clans , women of specific profiles , victims of blood feuds , NORP converts , and lesbian , gay , bisexual and transgender individuals .

Consequently , ORG concluded that the widespread disregard of their obligations under international law by all of the parties to the conflict and the reported scale of human rights violations made it clear that any person returned to southern and central GPE would , solely on account of his or her presence there , face a real risk of serious harm . Moreover , ORG considered that there was no internal flight alternative available inside southern and central GPE .

NORP UNHCR identified CARDINAL potential agents of persecution . First , there were NORP militant groups such as ORG and PERSON . Both groups had been accused of , and both had admitted to , using the civilian population as human shields during military operations . Both groups also had conducted a systematic campaign of intimidation and assassination of civilians working for , associated with , or perceived to be collaborating with ORG , ORG or the NORP forces . They had also recruited young people and children into their ranks , often with threats of force and violence . Finally , they had set up NORP administrations in areas under their control and issued decrees to restrict social behaviour . The enforcement of these decrees was often extreme and abusive and violations were punished severely by LAW courts .

Secondly , ORG indicated that business persons and civil society figures were particularly at risk as a result of the increased criminality in GPE .

Finally , ORG identified ORG and LAW as potential agents of persecution . It noted that both groups were accused of indiscriminately shelling civilian areas of GPE in reprisal to mortar attacks launched by opposition forces . In addition , both groups had also been accused of firing at civilians .

NORP The report further noted that effective State protection was unavailable in southern and central GPE given the situation of armed conflict and the inability of the government authorities to extend control over any territory outside a few districts in GPE . Moreover , since DATE clan protection had been undermined in GPE and increasingly in other regions of southern and central GPE by the ongoing conflict and by the diminution of the traditional clan systems of justice due to the favoured strict interpretations of LAW law being implemented by PERSON and PERSON in areas under their control .

Amnesty International noted that civilians in GPE and other cities such as LOC in central GPE and PERSON in the PERSON region continued to be killed and seriously injured due to the fighting between the armed opposition groups and pro - FAC forces . It noted that :

“ no party to the conflict appears to take the necessary precautions to avoid loss of civilian life and injury , despite their obligations to do so under international humanitarian law . NORP are often caught up in shelling and cross - fire by all parties to the conflict , resulting in death and injury to CARDINAL . The fighting has provoked massive displacement within and outside cities in south and central GPE and disruption of access to humanitarian aid , which are already curtailed by insecurity and the targeting of aid workers . NORP living in areas controlled by armed opposition groups are also increasingly subject to abduction , torture and unlawful killings . ”

With regard to the security situation in GPE , they noted that :

“ There are near DATE incidents of fighting and shelling between armed opposition groups on CARDINAL side and ORG forces and LAW troops on the other side , and near DATE reports of civilian deaths and injuries as a result . Armed opposition groups continue to launch attacks from areas inhabited or frequented by civilians in GPE , endangering the lives of civilians . They fire mortars and heavy artillery in the direction of ORG and LAW bases , near which civilians live . ORG and GPE forces are repeatedly accused of responding by firing mortars and using other artillery weapons in the direction of the attackers . All sides to the conflict use mortars and other heavy artillery , weapons which are inherently indiscriminate when used in densely populated urban areas . Some sources have even alleged to ORG that ORG is firing ORG or “ NORP ” rockets when responding to attacks by armed opposition groups . These attacks and counter - attacks invariably result in civilian deaths and injuries . ”

The report indicated that the delivery of emergency humanitarian aid to GPE was shrinking , as aid workers were coming under attack and armed groups were imposing restrictions on the movement of international agencies working in areas under their control . In particular , it noted that :

“ On DATE , PERSON in LOC asked all humanitarian organisations operating in areas under their control to register within DATE and pay a registration fee by DATE , whilst ORG in the PERSON region renewed their ban against any agency wishing to operate in the region , stating “ We want our people to work for their life rather than depending on food aid . ”

In DATE , ORG in GPE and ORG regions issued a list of CARDINAL conditions which humanitarian organisations were required to adhere to in order to continue their work in the regions . These conditions reportedly included replacing all female staff members with men within DATE , an agreement not to encourage secularism or democracy in their work and a payment of MONEY DATE to the ORG administration . This was followed on DATE by an ORG statement ordering ORG ( ORG ) to immediately cease the import of relief food to the country , accusing the organisation of acting as a barrier to self - sufficiency . All local businesspeople were ordered to terminate their contracts with the ORG and the organisation was ordered to empty their warehouses and food - stocks by DATE . ”

On DATE ORG suspended its work in southern GPE due to insecurity for its staff and the demands placed on them by parties to the conflict . PERCENT of the areas from which the organisation had withdrawn were under the control of ORG , and ORG subsequently indicated that it would never permit the organisation to return . However , ORG noted that CARDINAL of GPE ’s population was dependent on food aid and many of those people lived in the areas that the ORG had withdrawn from .

The report also noted that the ORG had experienced difficulties in delivering food to the ORG settlements in GPE , where CARDINAL persons displaced by the conflict were thought to live . On DATE armed men stopped trucks transporting food aid from GPE to GPE and the ORG have since stated that the last time they organised a general food distribution in GPE was in DATE .

NORP The report indicated that civilians in GPE continued to bear the brunt of the fighting and were often caught up in shelling and cross - fire by all parties to the conflict . There were nearly DATE incidents of fighting and shelling between armed opposition groups on CARDINAL side and ORG forces and LAW troops on the other , and near DATE civilian deaths and injuries as a result .

Medical records of the GPE hospital on the outskirts of GPE showed that for DATE PERCENT of its patients were suffering war - related injuries and PERCENT of those patients were women and children . DATE , CARDINAL of civilians were killed or injured in GPE . Some field reports claimed that there were CARDINAL deaths in DATE , while ORG estimated that during DATE and DATE , CARDINAL civilians were killed and CARDINAL were injured in fighting .

Likewise , ORG sans PERSON stated that DATE its medical team in GPE hospital treated CARDINAL war - wounded people and performed CARDINAL surgeries . Following intense fighting on DATE ORG treated CARDINAL war - wounded patients in DATE .

ORG recently signalled its intention to increase the number of AMISOM troops to CARDINAL and ORG believed that when this happened it was likely to result in more attacks against the force by armed NORP groups and more retaliatory shelling by LAW .

NORP The report noted that the fighting had also caused the destruction of homes , the separation of families during chaotic flight , and massive displacement . ORG estimated that CARDINAL people had been displaced from within and around GPE since DATE , CARDINAL having fled GPE and CARDINAL others having moved to different parts of the city .

ORG had also been seizing cities elsewhere in southern and central GPE . In particular , there had been clashes in and around GPE , GPE , PERSON and ORG . As a result , CARDINAL civilians had been displaced from GPE and CARDINAL had been displaced from PERSON . In addition to the fighting , ORG had also severely restricted humanitarian access in most of southern and central GPE , putting civilians at risk . According to the report , humanitarian access in southern GPE was at its lowest since DATE .

In addition to indiscriminate attacks and the situation of generalised violence , certain categories of people were particularly at risk of targeted killing . These categories included people linked with ORG , civil society activists , aid workers and journalists . Children and young men were also at high risk of being forcibly recruited to fight for the armed NORP groups .

NORP This report , which was published on DATE , focussed on the treatment of NORP refugees and asylum - seekers in GPE , which hosted the largest number of NORP refugees in the region . As of DATE , there were CARDINAL registered refugees in the region , but it was estimated that the actual number was much higher .

NORP In DATE the NORP authorities closed the country ’s border with GPE and , according to estimates of NORP NGOs , CARDINAL of NORP refugees were subsequently returned to GPE by the NORP security forces . Some were expelled at the border while others were denied entry altogether . Many of these refugees were women and children who , according to UNHCRs eligibility guidelines , should have been granted international protection .

ORG also received numerous reports of the NORP police at the closed border threatening asylum - seekers with forced removal to GPE in order to extort bribes or arresting or detaining asylum - seekers until they paid a bribe . In addition , NORP asylum - seekers were often arbitrarily arrested , detained and charged with “ illegal entry ” .

Prior to the closure of the border , new refugees were registered and medically screened at an ORG - administered transit centre QUANTITY from the border before being transported to refugee camps . When the border closed , this transit centre also closed with the consequence that refugees who made it to GPE had to travel a further QUANTITY to the refugee camps before they could be registered . This journey was often a dangerous one , during which NORP police were able to commit abuses against them with impunity .

CARDINAL registered NORP refugees were confined to CARDINAL refugee camps in GPE in north eastern GPE , which were originally intended to accommodate CARDINAL refugees . As a result of the severe overcrowding , access to shelter , water , sanitation and other essential services was impeded . As no plots of land were available , new refugees could not build shelters and instead had to stay with relatives or clan members . In addition , the water infrastructure was only designed for CARDINAL of the number of people currently living in the camps and , as a result , many refugees complained that the allocation of water was insufficient . Those living at the edges of the camps often had to walk long distances to collect water .

Refugees also complained of insecurity in the camps , which they attributed either to tensions between different clans or to the alleged presence of members of or sympathisers with ORG . Incidences of theft and sexual abuse were on the increase . Aid and protection agencies told ORG that there were not enough police officers present in the camps adequately to address security incidents . In any case , refugees often distrusted the NORP police as many had been the victim of abuses by the security forces while on their way to the camps .

In DATE reports emerged that the NORP security forces were recruiting NORP refugees for military training in order to fight for ORG in GPE . ORG subsequently launched an awareness campaign in the camps , warning refugees that they would lose their refugee status if they joined armed groups .

NORP refugees in the NORP camps were generally not permitted to leave the camps , unless in exceptional circumstances , and they had almost no livelihood opportunities . They did , however , receive free humanitarian assistance in the camps .

Human Rights Watch : Harsh War , Harsh Peace

In this report , published in DATE , ORG documented abuses by ORG , ORG and GPE in GPE . The report indicated that over DATE , hostilities had raged in strategically important areas , like GPE , while much of the rest of GPE enjoyed relative peace . However , the report concluded that both the inhabitants of the shattered capital and those living in more peaceful areas had endured devastating patterns of abuse .

In GPE and in other conflict areas in southern and central GPE the fighting had exacted a heavy toll on civilians . In particular , the report noted that all parties to the conflict had conducted numerous mortar attacks against enemy forces in densely populated areas of GPE without regard for the civilian population , causing a high loss of civilian life and property . While mortars could be highly accurate weapons if guided to their targets by spotters or guidance systems , none of the warring parties in GPE had employed such methods . Opposition armed groups had indiscriminately fired mortar rounds in the general direction of ORG or ORG installations in southern GPE . ORG and GPE forces sometimes responded in kind , directing mortar rounds towards the general area they had taken fire from or simply bombarding areas such as FAC that were opposition strongholds . Such attacks , while of limited military value , caused considerable loss of civilian life and property damage .

The report noted that there had been sporadic fighting between other groups outside GPE which had exacted a heavy toll on civilians . For example , clashes between PERSON and Ahlu Sunna Waljamaca around the central towns of GPE and PERSON displaced CARDINAL people at DATE .

NORP The report further indicated that humanitarian workers had been targeted . According to ORG , CARDINAL aid workers were killed in GPE in DATE and DATE . Humanitarian workers also faced a variety of other threats , from the broader trend of indiscriminate violence in conflict areas to ORG accusations of spying on behalf of western powers . For example , in DATE the ORG suspended delivery of food aid to a vast swath of southern GPE controlled largely by ORG , citing the group ’s escalating attacks and harassment against its staff and “ unacceptable ” demands for payment .

Forced and unlawful recruitment was also a problem . The report noted that opposition forces , especially but not exclusively ORG , were expanding their ranks by threatening those who resisted with death and at times carrying out their threats . In addition , both insurgent groups and government forces were recruiting and using child soldiers to varying degrees and had entered refugee camps in GPE to enlist additional fighters . The report noted that ORG had recruited children in a more deliberate and systematic manner than ORG or other armed groups . Thus the recruitment of children DATE and the fear of it – was widespread in many areas controlled by ORG .

The report stated that in areas controlled by ORG ( much of the south of GPE ) , the population was subjected to targeted killings and assaults , a repressive form of social control and brutal punishments under its draconian interpretation of LAW law , which went well beyond its traditional interpretation in GPE . While in many areas ORG rule had brought relative peace and order , security came at a steep price . In many areas , ORG dictated even minute details of DATE life , from clothing styles to prayer observance to cell phone ring tones . The report indicated that :

“ ORG exerts enormous control over personal lives and devotes remarkable energy to policing and penalizing conduct that it deems idle or immoral . Almost no detail is too minute to escape the group ’s scrutiny . In many areas , ORG administrators have banned public gatherings , dancing at weddings , musical ringtones on cell phones , western music , and movies . They have outlawed qat chewing and cigarette smoking . They have barred men from shaving their beards and moustaches , or wearing long hair or long trousers . They have refused to allow people on the streets during prayer times .

In many areas , ORG patrols break up public gatherings , no matter how small , unless they are the organizers . Frequently , ORG justifies the dispersals on the grounds that participants are engaged in ‘ idle’ or ‘ ORG activity , a concept that is arbitrarily applied and often includes everything from playing soccer to talking among friends . ‘ If they find a group of people talking , they may just beat them and tell them to go and do something PERSON , said CARDINAL man from the border village of ORG .

CARDINAL young man from PERSON said he watched an ORG patrol throw a group of teenage boys in jail TIME for playing Scrabble :

‘ They said this was idle activity . They took them away and jailed them TIME and shaved some of their heads with a razor blade or a broken bottle . CARDINAL of them was injured from the shaving . They wo n’t even let people gather to listen to the ORG , or to smoke tobacco.’ ”

ORG also interviewed a widower in an ORG camp in the ORG corridor , who claimed that ORG gunmen had threatened to kill him if he did n’t stop tucking in his shirt , which they criticised as a western custom .

ORG noted that while all NORP living under local ORG administrations had to cope with onerous and repressive edicts , women bore the brunt of the group ’s repression and abuse . In particular , some ORG leaders had ordered women to wear a particularly thick and bulky type of abaya , an over - gown which covered everything except the hands , face and feet . ORG fighters would patrol neighbourhoods and punish women in lighter - weight abayas . In many cases women were beaten or whipped for wearing the wrong clothing .

NORP In addition , ORG administrations ordered women to close their shops as commercial activity permitted them to “ mix with men ” . In a country with a vast number of war widows and female - headed households , this edict left many families without crucial sources of income . Moreover , the segregation of men and women applied to all areas of DATE life . Women were not permitted to go to the market with men , even if they were relatives , and if travelling in a vehicle , they had to sit in different seats . There were reports of women being flogged at checkpoints if they were found to be sitting beside a man .

Finally , the report noted that in many areas , ORG leaders had embraced amputations and executions as punishment and turned them into a public spectacle . Since DATE CARDINAL people had been stoned to death for allegedly committing adultery . There were some unconfirmed reports that CARDINAL of these people was a DATE girl .

Human Rights Watch Annual World Report summarised the situation in GPE as “ one of the world ’s worst human rights catastrophes ” . GPE was wracked by indiscriminate warfare in which all parties were implicated in war crimes or other serious human rights abuses , while much of the rest of the country was under the control of local administrations linked to armed opposition groups . In many of these areas the population had suffered from the abusive application of LAW law and forced conscription of civilians , including children , as militia fighters . In addition , a humanitarian crisis of enormous proportions was unfolding , fuelled by DATE of drought and insecurity that had often prevented the effective delivery of aid . CARDINAL people – CARDINAL of GPE ’s remaining population DATE were in urgent need of humanitarian assistance . CARDINAL people were displaced from their homes within GPE and CARDINAL had fled the country as refugees in DATE .

NORP The delivery of humanitarian assistance to GPE had been severely hampered by the prevailing insecurity and by threats specifically targeting humanitarian agencies . Most of the humanitarian agencies operating in GPE had had to dramatically curtail their operations or had been driven out of southern and central GPE altogether . In opposition - controlled areas where CARDINAL of NORP were in need of assistance , humanitarians had come under regular threat by ORG and other groups which accused them of colluding with international efforts to back ORG .

This report , which was published in DATE , details the continuing abuses perpetrated by the NORP authorities against NORP refugees and asylum - seekers . It noted that despite the closure of the border , CARDINAL refugees entered GPE and registered at the ORG camps DATE and DATE . However , the closure of the border and ORG ’s transit centre had created a lawless no man ’s land in GPE ’s border area near the refugee camps . Consequently , asylum - seekers endeavouring to reach the camps were often intercepted by NORP police who sought to extort money from them and unlawfully arrest , detain , abuse and even deport those who could not pay .

ORG spoke with CARDINAL of NORP refugees whose vehicles had been stopped by police patrolling the border to extort money from them in exchange for free passage to the camps . In some cases , police had raped women and physically assaulted men . In many other cases , refugees were arrested and detained by the police before being permitted to register in the camps . They were detained in overcrowded cells with poor ventilation and no , or almost no , food and water . Some were not permitted to use the toilet and had to use the cell floor to urinate and defecate . Detained refugees were often released upon the payment of a bribe . If they could not pay , they were threatened with court proceedings in a last ditch attempt to extort money from them .

NORP Moreover , ORG documented CARDINAL separate incidents in which NORP police returned asylum - seekers to GPE . All of these incidents , which involved CARDINAL men , women and children , took place DATE . According to this sample , ORG estimated that CARDINAL if not CARDINAL of NORP were being returned to GPE DATE in breach of the principle of non - refoulement .

Such widespread abuses compelled many asylum - seekers to travel through GPE on smaller paths where criminals preyed on them , stealing their belongings and raping women .

There were further reports of serious abuses by NORP police officers within the refugee camps . CARDINAL refugees told ORG of CARDINAL separate incidents during which police had violently assaulted them or during which they had observed police assaulting other refugees . CARDINAL woman complained that she had been raped by a police officer in the camps .

NORP In addition , refugees reported that the police failed to respond to allegations of sexual violence within the camps . In particular , a lack of capacity and expertise impeded the prevention , investigation and prosecution of acts of sexual violence . International policing standards required CARDINAL police officer per CARDINAL people . Although GPE ’s official average was QUANTITY people , the official ration in the camps was CARDINAL per CARDINAL people . There were reports that the police would not investigate crimes unless the victims could pay them , and in other cases it was alleged that investigations were discontinued and perpetrators were released upon the payment of a bribe . According to ORG , in DATE police in the camps prosecuted CARDINAL cases of sexual and gender - based violence of which CARDINAL resulted in convictions , CARDINAL in acquittals , and CARDINAL remained pending at DATE .

Human Rights Watch also reported that since DATE , GPE had adopted an informal encampment policy for most refugees , restricting their movement to the limited confines of the refugee camps . Refugees found outside the camps without “ movement passes ” were arrested , fined and imprisoned for DATE at a time .

The International Displacement Monitoring Centre estimated that as of DATE CARDINAL people were internally displaced in south and central GPE . Many IDPs had fled from the conflict in GPE . CARDINAL of mini - buses were ferrying people out of the city but , as a result of high demand , the cost of transportation was going up DATE and many people were being forced to remain in the city .

NORP Some IDPs had fled from conflict in other areas of southern and central GPE . The report noted that people in PERSON , PERSON and ORG had been displaced as a result of fighting in DATE . In addition , PERCENT of the population of ORG and ORG towns in the GPE region of central GPE fled their homes after fighting began in DATE . Many of these people had already been displaced as a result of the fighting in GPE .

Many of the displaced from GPE moved to the already overcrowded settlements that lined the QUANTITY road between GPE and GPE . ORG had estimated that in DATE there were CARDINAL IDPs around GPE , CARDINAL around GPE , CARDINAL in GPE , CARDINAL in GPE ( GPE ) , CARDINAL in GPE and CARDINAL in GPE . However , due to the security situation , it was extremely difficult to verify these figures .

NORP The report further noted that CARDINAL of the population in GPE was believed to be in need of humanitarian assistance but the continuing insecurity was preventing the delivery of essential supplies . In DATE militia had attacked a ORG warehouse . In DATE camps in GPE hosting CARDINAL IDPs were cut off from assistance as the ORG was unable to distribute food due to insecurity . In DATE ORG were forced to suspend the dispatch of QUANTITY of supplies for the prevention and treatment of acute malnutrition . Targeting of humanitarian workers has also affected delivery of aid to needy populations . DATE CARDINAL aid workers had been killed , CARDINAL had been abducted and CARDINAL remained in captivity .

NORP In DATE ORG announced a ban on a number of ORG agencies in areas of southern and central GPE under its control , including ORG . Towards DATE ORG demanded that ORG stop importing food into GPE from DATE and instead buy local produce , despite the fact that the country could not meet the food needs of its population . Despite the threats , ORG managed to provide food through local and international partners where security permitted . In DATE , ORG provided food aid to CARDINAL NORP . ORG and other agencies continued to provide health care and water , sanitation and health programmes in ORG settlements . However , the security situation had impacted these programmes .

Aid work had also been impacted by funding cuts . The GPE had withheld MONEY from ORG agencies , possibly due to a fear that donations may reach ORG , which was thought to have growing ties with ORG . In DATE ORG reported that its food supply to GPE had been effectively broken as a result of the GPE ’s policy as it had been the largest donor to the ORG .

In DATE Oxfam reported that poor sanitation and the lack of access to basic services were creating a public health emergency in ORG camps . It described the GPE camps as “ the world ’s densest concentration of displaced people ” and described the situation as “ a human tragedy of ‘ unthinkable proportions’ ” . The camps were also vulnerable to environmental problems . In DATE flash floods hit ORG camps in GPE and GPE and destroyed the makeshift shelters of CARDINAL of people . In GPE , rains left CARDINAL people homeless and exposed them to mosquitoes and other hygiene - related problems .

NORP The report noted that PERCENT of the NORP population had no access to safe water and PERCENT had no access to sanitation . Many displaced women were forced to walk QUANTITY each day to fetch water , increasing the risk of being attacked or raped by militias . IDPs often had to pay to use the latrines in the camps in addition to paying rent . As a result , many camps were littered with garbage and faeces , increasing the incidence of disease .

On DATE the ORG issued a statement reporting that :

“ Rising threats and attacks on humanitarian operations , as well as the imposition of a string of unacceptable demands from armed groups , have made it virtually impossible for ORG ( ORG ) to continue reaching CARDINAL people in need in southern GPE .

ORG ’s humanitarian operations in southern GPE have been under escalating attacks from armed groups , leading to this partial suspension of humanitarian food distributions in much of southern GPE .

ORG ’s offices in GPE , PERSON , ORG , ORG and PERSON in southern GPE are temporarily closed , and food supplies and equipment have been moved , along with staff , to safer areas in order to ensure that food assistance continues to reach as many vulnerable people as possible . ”

ORG ( ORG ) reported in its Special Brief – Post - Deyr ‘ CARDINAL/CARDINAL Analysis issued on DATE that GPE has :

“ ... PERCENT of the population , or CARDINAL people , in need of emergency humanitarian assistance and/or livelihood support until DATE . The results indicate that although there are some positive indicators in terms of the lifting of the livestock export ban and improved crop and livestock production in southern parts of the country , the food security and nutrition situation in central regions remains in crisis , where PERCENT of the population require assistance . The situation is exacerbated by escalating conflict and displacements , creating a double burden for drought affected populations in central regions , having to support those recently displaced yet with reduced access to assistance from aid agencies due to the insecurity .

Emergency levels of acute malnutrition continue to be reported , with CARDINAL in CARDINAL children in GPE acutely malnourished and in need of specialist care . Of these children , CARDINAL in CARDINAL is severely malnourished and at a CARDINAL times increased risk of death compared to well - nourished children . However , in south and central GPE the rates are higher , with CARDINAL in CARDINAL children acutely malnourished of which CARDINAL in CARDINAL is severely malnourished . These national rates of acute malnutrition continue to be amongst the highest in the world . Currently , these rates translate into estimated CARDINAL children DATE in GPE being acutely malnourished , of which CARDINAL are severely malnourished . CARDINAL of these children are located in south and central GPE , the areas most affected by the current conflict . The people currently in crisis include CARDINAL rural people affected by drought , CARDINAL urban people who struggle with very high food and non - food prices , and CARDINAL internally displaced people ( IDPs ) who are fleeing from the conflict . ”

NORP In a report of DATE , entitled “ Top CARDINAL under - reported humanitarian stories of DATE , ORG described the situation in GPE as follows :

“ In DATE , the NORP population continued to fall victim to indiscriminate violence , while severe drought plagued parts of the country . CARDINAL of people urgently require health care , yet the enormous gap between the needs of NORP and the humanitarian response on the ground continues to widen . Ongoing abductions and killings of international and NORP aid workers is thwarting the efforts of humanitarian organizations to respond , and the public health - care system remains in near total collapse .

... The impact of such high levels of violence and insecurity stretches far beyond ORG ’s surgical units , contributing to a general lack of access to basic lifesaving medical care countrywide . ORG ’s ability to provide assistance was further diminished when in DATE ORG staff members were abducted in Huddur in ORG region leading to the closure of its largest health centre in south and central GPE and CARDINAL other health posts . In DATE an ORG employee died in an explosion in GPE PERSON , PERSON region , which killed CARDINAL other people . In DATE , the heightened insecurity forced ORG , for the first time in DATE , to close activities in its pediatric hospital and CARDINAL other health clinics in northern GPE as staff were forced to flee for their own safety .

Another major challenge is the lack of qualified medical staff in GPE , with so many health workers among those who have fled the violence and no medical universities open . In DATE , there was a ray of hope with the graduation of CARDINAL doctors from ORG in GPE — the first graduating class of new physicians in DATE . This hope was short - lived with the bombing of the next graduation ceremony on DATE , killing CARDINAL people , mostly graduates , and wounding CARDINAL others .

The lack of free medical care available throughout the country exacerbates the health issues people face as a result of chronic poverty and this DATE ’s severe drought . Although little reliable data is available at the national level , health - care indicators in GPE are among the worst in terms of immunization , maternal mortality , malnutrition and access to basic health care services . According to ORG , women have a CARDINAL in CARDINAL lifetime risk of dying during pregnancy or childbirth . CARDINAL in CARDINAL children DATE is acutely malnourished . ”

On DATE IRIN reported that property owners in GPE ’s GPE corridor were selling the land on which CARDINAL of IDPs had been settled for DATE , displacing them anew . The new landlords were building structures for rent , but few could afford to pay the prices asked . Some well - placed sources had heard reports that the people buying the land had links with piracy .

On DATE ORG reported that according to ORG estimates , CARDINAL IDPs from GPE had sought refuge in the GPE corridor , which represented a considerable increase from CARDINAL in DATE . This increase was thought to be a reflection of the deteriorating security in the city since DATE . In addition to the CARDINAL IDPs living in GPE , there were another CARDINAL displaced people in GPE , north of GPE , CARDINAL in the Bal’cad corridor in the northern periphery of city , and CARDINAL others in PERSON in the western outskirts . GPE itself had CARDINAL IDPs .

NORP The report noted that there had been a rapid urbanisation of the GPE corridor , which was clearly apparent in the satellite imagery . Structures in GPE were becoming more permanent as hopes faded for a safe return to the capital any time soon . According to ORG , living conditions in the GPE corridor were extremely difficult , with people struggling to feed themselves and lacking other basic necessities , while as the precarious security situation prevented humanitarian agencies from accessing those in need . Some assistance was getting there through local partners , but the amounts were minuscule compared to the needs .

NORP The Secretary - General ’s Special Representative for GPE , PERSON , said that without peace in southern and central GPE , it would be difficult to envisage profound and lasting changes in the precarious human rights situation there , especially with regard to the right to life , and even basic human rights such as the right to food , shelter , education and health .

On DATE the ORG reported that GPE was once again facing a malnutrition crisis . CARDINAL people – CARDINAL of GPE ’s population – required humanitarian aid after the failure of recent rains and drought had overtaken insecurity as the leading cause of displacement . In fact , it was reported that as a consequence of the drought , the exodus from conflict - racked GPE in DATE had been reversed , with CARDINAL of people now leaving the countryside for the capital in search of food and water .

On DATE ORG reported that severe drought in GPE was once again exacerbating the humanitarian crisis with more people becoming internally displaced and others moving into refugee camps across the border in GPE . Malnutrition rates among children , already above emergency levels in GPE , had risen and CARDINAL people – CARDINAL per cent of the country ’s CARDINAL people – were in need of relief aid .