[ 2011-06-29 ]

Somali criminals must stay in UK, rules European Court
The UK must not deport two Somalis convicted of
serious crimes because to do so would endanger
their lives, the European Court of Human Rights
says.

The Strasbourg judges said the UK's duty to
protect the two from torture or inhumane treatment
was "absolute".

The pair, aged 24 and 42, were served with
deportation orders after being convicted of
burglary, threats to kill, robbery and dealing in
class A drugs.

The ruling sets a legal precedent for 214 similar
UK cases involving Somalis.

Abdisamad Adow Sufi (24) and Abdiaziz Ibrahim Elmi
(42) are being held at immigration detention
centres in the UK.

In 2007 they appealed to the Strasbourg court,
arguing that they would face death or serious
injury if the UK deported them to the war-ravaged
capital Mogadishu.

The seven judges accepted that there would be a
violation of Article 3 (prohibition of inhuman or
degrading treatment) of the European Convention on
Human Rights if the pair were sent back to
Mogadishu.

The court ruling said the judges "reiterated that
the prohibition of torture and of inhuman or
degrading treatment or punishment was absolute,
irrespective of the victims' conduct".

"Consequently, the applicants' behaviour, however
undesirable or dangerous, could not be taken into
account."

UK 'very disappointed'

The court told the UK to pay Mr Sufi 14,500 euros
(£13,000) and Mr Elmi 7,500 euros (£6,716) for
costs and expenses.

The UK still has three months in which it can
appeal for the case to be re-examined.

The UK Border Agency said it was "very
disappointed" at the ruling and was considering
its legal position.

"This judgment does not stop us continuing to
pursue the removal of foreign criminals who commit
a serious crime," it said in a statement. "Nor
does it find that all Somalis are in need of
international protection."

Somalia has not had a functioning national
government for 20 years.

The Islamist al-Shabab group controls much of
southern Somalia and has been fighting interim
government forces for control of Mogadishu in
recent months.

Source - BBC

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