CEDAW/C/71/D/101/2016
process, or any risk factor that the State party’s authorities failed to take properly into
account. In the light of the above, the Committee cannot conclude that the authors
would face a real risk of treatment contrary to articles 6 or 7 of the Covenant if they
were removed.”
3.16 According to the State party, the same guarantees of due process applied in this
case. The State party further refers to the decision of the Human Rights Committee
in N v. Denmark: 6 “The Committee recalls that it is generally for the organs of States
parties to examine the facts and evidence of a case, unless it can be established that
such an assessment was arbitrary or amounted to a manifest error or denial of justice.
The author has not explained why the decision by the Refugee Appeals Board would
be contrary to this standard, nor has he provided substantial grounds to support his
claim that his removal … would expose him to a real risk of irreparable harm in
violation of article 7 of the Covenant. The Committee accordingly concludes that the
author has failed to sufficiently substantiate his claim of violation of article 7 for
purposes of admissibility and finds his communication inadmissible. ”
3.17 The State party emphasizes that the Refugee Appeals Board, a quasi -judicial
body, made a thorough assessment of the author’s credibility, the background
information available and the author’s specific circumstances and found that she had
failed to make a convincing case that she would risk persecution or abuse in Somalia.
The State party endorses this finding.
3.18 In that connection, the State party also refers to the findings of the Human
Rights Committee in, Z. v. Denmark: 7 “In the absence of evidence establishing that
the decisions of the Refugee Appeals Board were manifestly unreasonable or arbitrary
with respect to the author’s allegations, the Committee cannot conclude that the
information before it shows that the author’s removal … would expose him to a real
risk of treatment contrary to article 7 of the Covenant. ”
3.19 The State party recalls that, in the present communication, the author has not
brought to bear new, specific information about her situation. Rather, she is seeking
to use the Committee as an appellate body to have the factual circumstances reviewed.
The State party notes that the Committee must give considerable weight to the
findings of fact made by the Refugee Appeals Board, which is better placed to assess
the factual circumstances of the case. According to the State party, there is no basis
for doubting, let alone setting aside, the assessment made by the Board that the author
has failed to establish that there are substantial grounds to believe that she would be
subjected to a real, personal and foreseeable risk of persecution in Somalia and that
the necessary and foreseeable consequence of her return is that her rights under the
Convention would be violated. Thus, the author’s return to Somalia would not amount
to a violation of articles 2 (d), 12 and 16 of the Convention.
Author’s comments on the State party’s observations on admissibility and
the merits
4.1 The author’s counsel provided comments on 24 February 2017. He first notes
the State party’s observation on the substantiation of the communication and claims
that that issue seems closely linked to the merits of the case. In any event, that the
author is a single woman at risk of being deported to a country that is not a party to
the Convention, combined with the background information confirming her fear of
being returned there, shows that she has a prima facie case under articles 1, 2 (d), 12
and 15 of the Convention. 8 He reiterates that the Refugee Appeals Board was asked
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6
7
8
18-20335
CCPR/C/114/D/2426/2014, para. 6.6.
CCPR/C/114/D/2329/2014, para. 7.4.
Counsel does not refer to article 16 in his comments.
7/12