CCPR/C/114/D/2288/2013
unless it is found that the evaluation was clearly arbitrary or amounted to a denial of
justice.11
7.5
In the present case, the Committee observes that the State party has not challenged
the fact that the author was a victim of human trafficking by Mr. P.B. and Ms. B.O., and
that they were tried and imprisoned after the author had reported them to the police and
testified against them before the court. It also observes that the denials of her asylum
requests by the Refugee Appeals Board focused mainly on the lack of concrete details of
the author’s allegations about the risk to her safety that her aggressors’ relatives and
persons related to human trafficking in Nigeria represented. In making that assessment, the
Board referred in a general fashion to measures taken by the Nigerian authorities to fight
against human trafficking and to provide assistance to victims. However, the Committee is
of the view that, in the particular circumstances of the author’s case, the State party has
failed to take into due consideration the special vulnerability of persons (in this case, the
author) who have been subjected to human trafficking, which often lasts for several years
even after they have been rescued or are able to free themselves from their aggressors, and
the author’s particular status as witness in the criminal proceedings against her aggressors.
The State party has also not taken into due consideration the specific capacity of the
Nigerian authorities to provide the author, in her particular circumstances, with protection
to guarantee that her life and physical and mental integrity would not be at serious risk. 12
Therefore, in the circumstances, the Committee considers that the author’s deportation to
Nigeria would constitute a violation of her rights under articles 6 and 7 of the Covenant.
8.
The Human Rights Committee, acting under article 5 (4) of the Optional Protocol to
the International Covenant on Civil and Political Rights, is of the view that the deportation
of the author to Nigeria would, if implemented, violate her rights under articles 6 and 7 of
the International Covenant on Civil and Political Rights.
9.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide Osayi Omo-Amenaghawon, the author of the present communication,
with an effective remedy, including full reconsideration of her claim regarding the risk of
treatment contrary to articles 6 and 7 of the International Covenant on Civil and Political
Rights should she be returned to Nigeria, taking into account the State party’s obligations
under the Covenant and the Committee’s present Views. The State party is also requested to
refrain from expelling the author and her minor child to Nigeria while her request for
asylum is being reconsidered. The State party should also review its policy of not granting
special consideration to requests for asylum from victims of human trafficking who
cooperate with its law enforcement authorities (see para. 4.5 above).
10.
Bearing in mind that, by becoming a State party to the Optional Protocol, the State
party has recognized the competence of the Committee to determine whether there has been
a violation of the Covenant or not and that, pursuant to article 2 of the Covenant, the State
party has undertaken to ensure to all individuals within its territory and subject to its
jurisdiction the rights recognized in the Covenant, the Committee wishes to receive from
the State party, within 180 days, information about the measures taken to give effect to the
present Views. The State party is also requested to publish the present Views and to have
them translated into the official language of the State party and widely distributed.
11
12
10
See communications No. 1763/2008, Pillai et al. v. Canada, Views adopted on 25 March 2011, para.
11.4; and No. 1957/2010, Lin v. Australia, Views adopted on 21 March 2013, para. 9.3.
See United States of America, Department of State, Trafficking in Persons Report 2012, p. 270; and
Trafficking in Persons Report 2014, p. 297.