CAT/C/56/D/613/2014 Advance unedited version
that although she was specifically asked about her mutilation in the frrst asylum procedure,
this was the first time that she c1aimed. that she feared to be forced to undergo FGM again,'
4.6
On 21 April 2010, the complainant fileda criminal complaint as victim of human
trafficking. The criminal complaint. was· automatically considere~ an application for a
regular residence permit under the B9 arrangement set out in the Aliens Act 2000
Implementation Guidelines (Vreemdelingencirculaire 2000). On 28 April 2010, a deeision
was taken to grant the complainant a temporary residence permit under the B9 arrangement.
However, on 7 June 2010, it was decided that the complainant's criminal complaint did not
warrant a prosecution and her temporary residence permit was subsequently revoked. The
. objection, application for review and appeallodged by the complainant in respect of the
revocation decision were dec1ared unfounded.
As to the third· application for asylum lodged by the complainant,· the State party
maintains that during the interview.s, she upheld that when she was threeyears old, her
father took her to his stepmother in -Guinea. She was raised by this step grandmother and
she never saw -her parents again. When the complainant was approximately thirteen years
old, her step grandmother forced her to undergo FMG. Two weeks before fleeing Gl;Linea,
the complainant was forced to marry her step grandmother' s brother. She tried to persuade
them not to marry her, without success .. She then appealed to the district leader, but he said
that she should resign herself to accepting tradition. She also c1aimed that she was sexually
abused by her step grandmother' s brother. Against this background, she decided to flee and
left Guinea in September 2003.
4.7
The State party provides a detailed desoription of the asylum procedure. An alien
rnay file an application for judicial review to The Hague district courtagainst an INO's
denial of asylum. In principle, the applicant may await the result of the. appliCation for
review in the Netherlands. Afterwards, the person can -appeal the district court's judgment
to the Administrative Jurisdiction Division of the Council of State. However, an alien who
lodge this appeal niay not, in principle, await the decision in the Netherlands.
4.8
The State party points out that according to its Ministry ofForeign Affairs' countryasylum policy for Guinea, discrimination and violence againstwomen are
widespread, despite the Guinean government' s condemnation of these practices. A victim
of violence, doinestic or otherwise, can report the violence to the police, but in practice the
police hardly ever take action. Most victims of rape do notreport the crime 'to the police
. because -of the soeial stigma assoeiated with rape. It also states "Genital mutilation is
practiced by all religious and ethnic groups and in every region. It is prohibited by law, but
the soeial pressure to submit to it is very high, andit is virtually impossible forwomen in
rural areas to escape genital cutting. However, in th~ eities there are pot~ntially ways to
avoid it. Women who are economically independent, highly educated or have a partner who
respects their choice not to allow their body to be mutilated have a better chance of
avoiding it. If a woman has not undergone genital cutting and cannot avoid it in her country
of origin, there mlght be a real risk of a violationof artic1e 3 of the European Convention
on Human Rights (ECHR). In that case, a teinporary asylum residence permit might be
issued pursuant to the Aliens Act 2000. The individual concemed needed not have sought
'
the protection ofthe~uthörities.".4
4.9
-~peeific
4.10 The State party also highlights that its country--specific asylum policy for Guinea
also states that when a woman demonstrates that she has a credible fearof violence or
FGM, there is not a -reasonabie case for assuming she can rely on the protection of the
4
The State party points out thàt at the moment its observations were submitted the most recent country
report on Guinea was of20 Jup.e 2014.
6
Bron: www.ohchr.org - Stichting Migratierecht Nederland - www.migratieweb.nl