Document Type

Article

Publication Date

Spring 2019

Keywords

Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (1984 December 10), Somali Bantu, Torture, Al Shabab

Disciplines

International Law

Abstract

This paper presents the results of a survey of Somali Bantu deported from the United States from 2016 to 2018, to determine whether they were subjected to torture upon arrival in Somalia. Of the 20 deportees interviewed, 55 percent suffered torture at least once, with the highest percentage—66.7 percent—experienced by individuals deported in 2018. The abuse, which included kidnapping, stabbings, and beatings with truncheons and whips, meets the definition of torture under Article 3 of the Convention Against Torture. Individuals were intentionally subjected to severe pain and suffering for an unlawful purpose: ransom. Further, most of the abuse was inflicted by public officials or others acting in that capacity, primarily uniformed governmental security officials. Somali police also acquiesced to Al Shabab’s torture of Somali Bantu. These results are consistent with the extreme marginalization and mistreatment that majority clans have inflicted on the Somali Bantu since the 19th century. Given the political and military power wielded by the majority clans, and the lack of protection for the Somali Bantu, there is a high likelihood that Somali Bantu will suffer torture if deported to Somalia. This survey is additional evidence that removals of the Somali Bantu violate Article 3 of the Convention Against Torture.This paper presents the results of a survey of Somali Bantu deported from the United States from 2016 to 2018, to determine whether they were subjected to torture upon arrival in Somalia. Of the 20 deportees interviewed, 55 percent suffered torture at least once, with the highest percentage—66.7 percent—experienced by individuals deported in 2018. The abuse, which included kidnapping, stabbings, and beatings with truncheons and whips, meets the definition of torture under Article 3 of the Convention Against Torture. Individuals were intentionally subjected to severe pain and suffering for an unlawful purpose: ransom. Further, most of the abuse was inflicted by public officials or others acting in that capacity, primarily uniformed governmental security officials. Somali police also acquiesced to Al Shabab’s torture of Somali Bantu. These results are consistent with the extreme marginalization and mistreatment that majority clans have inflicted on the Somali Bantu since the 19th century. Given the political and military power wielded by the majority clans, and the lack of protection for the Somali Bantu, there is a high likelihood that Somali Bantu will suffer torture if deported to Somalia. This survey is additional evidence that removals of the Somali Bantu violate Article 3 of the Convention Against Torture.

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