THIRD SECTION

Application no . 20673/13 Mohamed ABDULKHADIR MOHAMED against the Netherlands lodged o n 22 March 2013

STATEMENT OF FACTS

The applicant, Mr Mohamed Abdulkhadir Mohamed , is a citizen of Somalia. He was born in 1993 and is currently stay ing in the Netherlands . He is repr esented before the Court by Mr M.J. Verwers , a lawyer practising in Wageningen .

The facts of the case, as submitted by the applicant, may be summarised as follows.

On 23 September 2009 the applicant applied unsuccessfully for asylum in the Netherlands . On 13 October 2011 he received his final negative decision.

On 14 October 2011 the applicant applied for a second time unsuccessfully for asylum in the Netherlands . He received his final negative decision on 11 November 2011.

On 27 July 2012 the applicant applied for a third time for asylum in the Netherlands . The final decision on this application was taken by the Administrative Jurisdiction Division of the Council of State ( Afdeling bestuursrechtspraak van de Raad van State ) on 27 September 2012.

C OMPLAINTS

The applicant complains under Article 3 of the Convention that there are substantial grounds for believing that he will be subjected to treatment prohibited by that provision if he were expelled to Somalia .

QUESTIONS TO THE PARTIES

Is it the Government ’ s intention to expel the applicant to Mogadishu? If so, for what reasons do the Government believe that the violence in Mogadishu is no longer of such a level of intensity that anyone in the city, except possibly those who are exceptionally well-connected to “powerful actors”, would be at real risk of treatment prohibited by Article 3 of the Convention (see Sufi and Elmi v. the United Kingdom , nos. 8319/07 and 11449/07, § 293, 28 June 2011)? Would the applicant personally be at risk of such treatment if expelled to Mogadishu ?