Advance unedited version CAT/C/56/D/613/2014 Facts as presented by tbe complainant 2.1 The complainant was bom in Monrovia, Liberia. Her father is Guinean and her mother is Liberian. Together with her parents, she mqved to Guinea when she was a baby. The complainant belongs to the Peul (Fula or Pular) ethnic group. She speaks and understands French, Pular, Malinke and Soussou. In Guinea, the complainant lived with her patemal step-grandmother, Ms. F.D., her step-grandmother's brather, Mr. M.S.D., and his wife, Ms. M.B. She lived in Simbaya Cosa quarter, in Conakry, Guinea, where she attended primary school. In 2001, she was forced to undergo femalegenital mutilation (FGM) by her step-grandmother, in poor hygienic conditions, without anaesthesia/painkillers and disinfected scÎssors. Afterwards, the complainant left the school and was forced tö sell 'Yater and com. On 5 August 2003, she was forced to malT)' her step-grandmother's brather, because his then-wife h,ad not given birth to any children. The complainant claims that her step-grandmother's brather sexually abused her. In October 2003, at the age of 16 years, the complainant arrived in the Netherlands with the help of a travelagent. Upon her arrival, she was forced to have sex with the travel agent, but she managed to escape after one week and instantly reported the incident to the police. On 20 October 2003 she filed an application for asylum to the IND, which was, rejected on 23 December 2005. Her application for judicial review against the IND's decision was dismissed by the Regional Court of Hertogenbosch on 27 June 2007 as the complainant's accounts were found non credible. Afterwards, on 11 August 2008, she submitted a second application for asylum to the IND thatwas rejected on 6 January 2009. Her subsequent application for judicial review and appeal were rej ected by the Regional Court of Utrecht and the Section of Administrative Lawof the Council' of State on 27 October 2009 and 28 January 2010, respective1y. Inboth applications for asylum she claimed that she feared to be forced to continue the marriage with her step-grandmother's brother. In addition, in her second application she also submitted that she feared to be sllbjected to a further FGM. 2.2 2.3 In April 2013, the complainant underwent reconstructive genital surgery in the State party. 2.4 On 25 July 2013, the complainant filed ~ third application for asylum before the IND. She claimed, for the fITst time, that she was forced to undergo FGM and to marry an oid man when she was in Guinea; ~md that she feared to be forced to undergo FGM again after undergoing a reconstructive genital surgery in the N etherlands. She submitted as documentary evidence a statement of the plastic surgeon that carried out the surgery. In the interview held by the lND on 29 1uly 2013, she described the FGM she underwent in Guinea and argued that itcaused her severe physical dàmage and anxiety; that she did not like her body and was unable to establish a relationship with' a man; that due to this she decided to uridergo a revers al surgery in the State party; that she was afraid of her stepgrandmother and of her husband if she retumed to Guinea, because they would-tf€at- h€r-'- ~ - - even worse since they would assume that she worked as á prostitute in the Netherlands and that she would be forced to undergo FGM again. 2.5 On 1 August 2013, her third asylum request was denied by the IND, thai álso imposed on the complainant an' etitry ban for two years. According to her, the IND stated that her fear to be subjected to FGM again was not a new fact or circumstance as required by article 4:6 of the Common Law for Administrative Law (Algemene wet Bestuursrecht), .and the case law. The complainantappealed against this dec is ion before the Regio~al Court of The Hague. On 6 September 2013, the Regional Court of the Haguè rejected the complainant's appeal. It stated that as found in the Regional Court ofUtrecht's ruling' of 29 October 2009, the complainant did, not inake it plausible thatshe couldnot have pleaded her f€ar ofFGM 2.6 3 Bron: www.ohchr.org - Stichting Migratierecht Nederland - www.migratieweb.nl