THIRD SECTION

Application no . 7049/13 Saleh MOHAMED HUSSEIN against the Netherlands lodged on 25 January 2013

STATEMENT OF FACTS

T HE FACTS

The applicant, Mr Saleh Mohamed Hussein , is a citizen of Somalia . He was born in 19 86 and currently stays in the Netherlands . He is rep resented before the Court by Mr J.W.F. Noot , a lawyer practising in Dordrecht .

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

On 27 October 2009 the applicant unsuccessfully applied 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 29 August 2012 .

COMPLAINTS

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 .

QUESTION

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?