CEDAW/C/71/D/101/2016
Mogadishu. Given that no new information on the author’s family ties has been
provided, the State party continues to believe that the author has a male network that
would be able to offer her protection.
5.3 On the allegation that the Refugee Appeals Board has fail ed to take the
Convention into consideration in its assessment, as it made no explicit reference to
the provisions of the Convention in its decision, the State party notes that that issue
has been examined by the Committee in a number of cases submitted by the same
counsel. 9 It quotes the Committee’s decision in K.S. vs. Denmark, in which it stated
that the Committee also took note of the author’s claims that the Danish immigration
authorities had failed to consider her case from the perspective of the Conv ention and
to mention the Convention in their decision, even though the matter had been raised
both orally and in writing by her counsel during the Refugee Appeals Board hearing.
The Committee takes note of the State party’s reply that the Convention is a source
of law in Denmark and forms an integral part of the assessments made by the Board
in asylum cases. The Committee observes that the author ’s lawyer requested the
immigration authorities to consider her asylum claim in the light of the Convention,
without referring to specific provisions of the Convention and without substantiating
her claims under any specific articles of the Convention.
5.4 On the author’s counsel’s contention to the effect that a minority group of the
Refugee Appeals Board members did not accept the negative decision of the Danish
Immigration Service, the State party refers to paragraph 6.3 of the Committee ’s
decision in K.S. v. Denmark: with regard to the remarks regarding the minority of the
members of the Board, the State party notes that the author repeatedly speculated
about the facts and findings on which the dissenting members of the Board based their
opinion. It observes that, pursuant to rule 40 of the rules of procedure of the Board,
decisions of the Board are made by simple majority and that the Board’s deliberations
are confidential. Pursuant to rule 41 of the Board ’s rules of procedure, a case note on
the result of the deliberations must be prepared immediately after the end of the
deliberations and is not confidential. The State party notes that there is no obligation
under the Convention to make public the opinion held by the minority of the Board
members; no such obligation follows from Danish law either.
5.5 The State party observes that the general situation in Somali a, including the
situation of women, is not such that all returnees risk abuse falling within the scope
of section 7 (2) of the Aliens Act. The State party refers to the judgment of the
European Court of Human Rights in R.H. v. Sweden and to recent background
information, including the report by the Danish Immigration Service and the Danish
Refugee Council entitled “South and central Somalia: security situation, al-Shabaab
presence, and target groups”. It transpires from this information that the author’s
home town is under the control of AMISOM.
5.6 The State party adds that, in her comments of 24 February 2017, the author
submitted that Denmark had violated article 12 of the Convention, as she had
previously displayed burn scars and that she feared furthe r attacks if returned to
Somalia. The State party notes that the author submitted no information about scars
throughout her asylum proceedings or in her initial communication to the Committee.
No information has been provided to the effect that the scars were inflicted in
connection with the conflict in Somalia, as suggested by the author, nor that she fears
suffering further attacks. Accordingly, the State party rejects this part of the
communication.
__________________
9
18-20335
The State party refers to P.H.A. vs. Denmark (CEDAW/C/65/D/61/2013), K.S. vs. Denmark
(CEDAW/C/65/D/71/2014), X. vs. Denmark (CEDAW/C/71/D/73/2014), A.O.D. vs. Denmark
(CEDAW/C/70/D/84/2015), S.F.A. vs. Denmark (CEDAW/C/69/D/85/2015) and K.I.A. vs.
Denmark (CEDAW/C/68/D/93/2015).
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