The author of the communication is N.M.I, a national of Somalia, born on 2 November 1994. She claims to be a victim of violations by the State Party of articles 2 (e) and (f), 3 and 12 of the Convention. The author is represented by counsel. The Optional Protocol entered into force for the State Party on 29 December 2008.
The author was raped at the age of 9 in her home town in Somalia, an experience that has led to profound shame and enduring social stigma. At the age of 15, she was forced to marry her cousin, who confined her to their home and subjected her to repeated emotional and physical abuse. Following her husband’s death, Al-Shabaab threatened her life, forcing her to flee the country, leaving her two daughters behind. She fled on foot via Yemen, where she was raped by unknown individuals. She was trafficked into Saudi Arabia, subjected to slavery and repeatedly raped. She escaped and reached Greece in October 2019. She was recognized as a refugee in December 2020. In January 2021, she was raped in a refugee camp. The police intervened briefly, but offered no medical help or protection. She was forced to leave the camp; her tent was confiscated. Without financial support or medical care, she slept in a park for two weeks before moving to Athens, where she lived on the streets. Unable to find work owing to the language barrier, her mental health worsened. She then left Greece.
The author arrived in Switzerland and applied for asylum on 14 July 2021. Even though she detailed her traumatic experiences in Greece, including rape, inadequate medical care and homelessness, her asylum request was rejected because Greece was considered a safe third country. On 10 December, the Federal Administrative Court upheld the decision.
On 22 March 2022, in accordance with rule 57 of the Committee’s rules of procedure, the Committee, acting through its Working Group on Communications under the Optional Protocol, registered the communication. Pursuant to article 5 (1) of the Optional Protocol and rule 63 of the rules of procedure, the Committee requested the State Party to refrain from expelling the author to Greece while her communication was under consideration. On 22 September, the State Party provided its observations on admissibility and the merits.
On 13 January 2023, the State Party requested the Committee to discontinue its consideration of the communication, as the State Secretariat for Migration had granted in part the author’s application for reconsideration on 9 January. On 25 May, the author confirmed the State Party’s assertion and indicated that she had been given protection for one year. She acknowledged that there was no immediate risk of deportation to Greece and agreed to the State Party’s request for discontinuance.
At its meeting on 2 July 2025, the Committee, taking into account the State Party’s request, considered that the case had become moot and decided to discontinue its consideration of communication No. 180/2022.