CEDAW/C/73/D/86/2015
4.3 The State party submits that, insofar as the author relies on the Conve ntion
having extraterritorial effect, the Convention has such an effect only when the woman
to be returned will be exposed to a real, personal and foreseeable risk of serious forms
of gender-based violence. 5 Given that the author has failed to substantiate that she
faces such a risk should she be forcibly returned to Jordan, the communication should
be declared inadmissible as manifestly ill-founded, under article 4 (2) (c) of the
Optional Protocol.
4.4 Should the Committee find the communication to be admissible and consider
the merits of the case, the State party asserts that the author has not sufficiently
substantiated the claim that she would be exposed to a real, personal and foreseeable
risk of serious forms of gender-based violence if, together with her children, she were
to be returned to Jordan. The State party observes that the author has failed to produce
new and specific information on her situation additional to the information on the
basis of which the Refugee Appeals Board denied her asylum r equest.
4.5 The State party recalls that the author’s statements before the Danish
Immigration Service and the Refugee Appeals Board were inconsistent. During the
interviews before the Danish authorities, the author submitted that she had lived in an
oppressive and violent relationship in which she was being surveilled and was not
allowed to leave the house without being accompanied by a man. The State party
found it unlikely that, had that been the case, the author ’s spouse would have allowed
her to travel unaccompanied to another country with their daughters, especially
considering that one of them was about to be married. It is even more doubtful,
considering the fact that the author had expressly objected to the forced marriage of
their older daughter, and therefore her position regarding the issue must have been
clear to her husband and should have raised doubts as to the author ’s explanation for
her travel.
4.6 The State party also finds the author’s assertion that her husband allowed their
daughters to accompany the author to Denmark only because they were too young to
take care of themselves to be non-credible. In that connection, the State party submits
that the author, according to her own statement, had lived together with her husband ’s
family in Jordan, so it is therefore implausible that there was no one who could look
after her daughters, who were born in 1998 and 2005.
4.7 In addition, the State party questions the author’s statement in which she
claimed that she had convinced her husband to allo w her to travel to Denmark by
voluntarily assisting him in his illegal activities. The State party also doubts the
author’s statement about the killing of her cousin by her spouse. In that respect, the
State party notes that the author mentioned that infor mation for the first time at her
meeting with counsel on 11 December 2013, and repeated it at the hearing before the
Refugee Appeals Board on 21 January 2014, but had failed to mention any of it
previously, despite its importance and her numerous opportuni ties to do so either in
the application itself or subsequently, during the interview process. 6 The State party
does not find the author’s excuse in that regard, that she could not reveal the
information because she was afraid of retaliation by her family, to be credible. The
State party submits that the author must have realized the importance of the
information from the perspective of the assessment of her asylum request, and that
the author was duly informed of the Danish authorities’ duty of confidentiality with
regard to all information revealed by the author in the context of the proceedings. The
__________________
5
6
19-15427
The State party refers to the decision of the Committee in M.N.N. v. Denmark (CEDAW/C/55/D/
33/2011), in that regard.
The information at issue was not mentioned by the author in her initial submission to the
Committee either.
5/13