COMMON ANALYSIS
Last update: June 2022
As noted in the chapter 3. Refugee status, some profiles of applicants from Somalia may be at risk of death penalty or execution (e.g. 3.8. Individuals (perceived as) contravening social or religious laws/tenets, 3.12. LGBTIQ persons, 3.4. Deserters and defectors from Al-Shabaab, and those individuals would qualify for refugee status.
In cases where there is no nexus to a Convention ground, (e.g. some cases of 3.10. Individuals accused of crimes in Somalia) the need for subsidiary protection under Article 15(a) QD should be examined.
The FGS has not abolished the death penalty, nor has it declared a moratorium on executions. The FGS and other actors within the jurisdiction of Somalia, continue to impose and carry out death sentences for crimes other than the intentional killing of a person, including crimes committed while under the age of 18. Death penalty can be imposed for crimes such as treason and espionage, and crimes that endanger public safety. Within this context, military courts often pronounce death sentences to civilians and carry out executions at a higher rate than civilian courts.
Death penalty may also be imposed by Islamic courts for the commission of ad crimes as mandated by Sharia in relation to crimes that are ‘against the rights of God’: for example, illicit sexual relations (zina), including homosexual relationships. However, traditionally the application of ad by Islamic courts has been severely limited by the strict requirements for evidence. For more information, see profile 3.8. Individuals (perceived as) contravening social or religious laws/tenets.
Al-Shabaab courts also implement Sharia law in a strict and violent way and may impose severe punishments for the abovementioned hadd crimes, including for adopting un-Islamic behaviour and for ‘spying’ for the government or other foreign powers. These punishments refer to instances of executions, including public executions by stoning, lashing and shooting. For more information, see sub-profile 3.8.1. Individuals (perceived as) contravening Islamic laws in Al-Shabaab controlled areas.
If there is a reasonable degree of likelihood of death penalty or execution, subsidiary protection under Article 15(a) QD shall be granted, unless the applicant is to be excluded in accordance with Article 17 QD.
