CAT/C/66/D/757/2016
mutilation were too great in the area of origin, the complainant’s mother could be expected
to go and live elsewhere in Côte d’Ivoire since in large parts of the country such mutilation
is not a standard practice. In those areas there is little pressure from the community to make
a woman undergo female genital mutilation.
4.10 The State party notes that the present case differs from F.B. v. Netherlands, which
was raised by the complainant, because F.B. was from Guinea, which has a higher
prevalence of female genital mutilation than Côte d’Ivoire, and she had already been
subjected to such mutilation with severe consequences to her physical and psychological
integrity. However, following reconstructive surgery, she feared being forced to undergo
female genital mutilation a second time. Those specific circumstances are absent in the
present case.
4.11 With regard to the complainant’s mother’s psychological problems, the State party
notes that these problems were not brought to light until the judicial review proceedings.
During the second interview, the complainant’s mother said that she had provided all the
information that could be relevant to the assessment of the application. During the review
phase, The Hague District Court was presented with a printout of her entire medical records,
which showed that she had apparently attempted suicide after receiving the decision
denying her daughter’s asylum application. There is no evidence in her medical records that
the complainant’s mother had ever been treated for psychological issues prior to receiving
notification of the Government’s intention to deny her daughter’s asylum application, or
that she was currently receiving treatment. At no point did she cite this in her own asylum
procedure either.
4.12 The Government further notes that although the complainant’s mother’s medical
records were submitted, no assessment was made or explanation given by a medical
practitioner. According to the complainant’s mother, she suffers from chronic depression or
post-traumatic stress disorder, for which she is being treated. However, the Government is
unable to accept this claim on the basis of the medical records alone. In the Government’s
view, merely submitting medical records is not sufficient for satisfactorily establishing that
she is unable to return to Côte d’Ivoire or to protect her daughter from female genital
mutilation due to psychological problems. In the Government’s opinion, the complainant’s
mother has provided insufficient evidence to demonstrate that she is incapable of looking
after her children and protecting her daughter from female genital mutilation. In so far as
the complainant’s mother argues that she and her children would find themselves in a
deplorable position if they were expelled to Côte d’Ivoire because she suffers from posttraumatic stress disorder and they would lack a social network, the Government refers to
the case S.J. v. Belgium and submits that the circumstances on which the present
communication is based do not fall within the scope of article 3 of the Convention. 11
Complainant’s comments on the State party’s observations
5.1
On 3 July 2018, the complainant submitted her comments to the State party’s
observations on the merits of the complaint. With regard to her mother not submitting a
request to stay under section 64 of the Aliens Act 2000 in her own asylum case, the
complainant submits that by the time the request had to be made her own complaint had
already been submitted to the Committee and the request for interim measures had been
granted, so there was no need for her mother to follow up on the procedure. She notes that,
since the State party had already agreed not to send her family back to Côte d’Ivoire, her
mother’s application would not have been taken into consideration by the authorities of the
Netherlands.
5.2 With regard to the situation of women in Côte d’Ivoire and female genital mutilation,
the complainant notes that the Government and NGOs primarily work on promoting
women’s and children’s rights. Moreover, the fact that the Government has intervened in
only 10 initiation rites over 10 months shows that it has not made the fight against female
genital mutilation a priority.
11
6
European Court of Human Rights, S.J. v. Belgium (application No. 70055/10), judgment of 27
February 2014.