CCPR/C/114/D/2288/2013
18, 26 and 27, in conjunction with articles 6 and 7, as well as articles 3 and 13 of the
Covenant, for purposes of admissibility. It concludes that that part of the communication is
inadmissible pursuant to article 2 of the Optional Protocol.
6.7
The Committee declares the communication admissible in so far as it appears to
raise issues under articles 6 (1) and 7 of the Covenant, and proceeds to its consideration of
the merits.
Consideration of the merits
7.1
The Human Rights Committee has considered the present communication in the
light of all the information made available to it by the parties, as required under article 5 (1)
of the Optional Protocol.
7.2
The Committee recalls its general comment No. 31, in which it refers to the
obligation of States parties not to extradite, deport, expel or otherwise remove a person
from their territory when there are substantial grounds for believing that there is a real risk
of irreparable harm to the person, such as that contemplated in articles 6 and 7 of the
Covenant.8 The Committee has also established that the risk must be personal9 and that
there is a high threshold for providing substantial grounds to establish that a real risk of
irreparable harm exists. Thus, all relevant facts and circumstances must be considered,
including the general human rights situation in the author’s country of origin.10
7.3
The Committee notes the author’s claims under article 6 and 7 of the Covenant that,
if returned to Nigeria she would be at risk of being killed or tortured by Mr. P.B. or Ms.
B.O. or their relatives or persons linked to the human trafficking network in Nigeria. To
substantiate her allegations, the author refers to the fact that: she was a victim of human
trafficking and was forced to work as a prostitute in Denmark; she testified against her
traffickers in criminal proceedings in a Danish court; and she was allegedly threatened by
her traffickers and a close relative of one of them, who lives in Nigeria. The Committee
also notes the State party’s arguments that, based on the author’s allegations, she was
threatened by Mr. P.B.’s brother only once; there does not seem to be evidence of any other
threat, even after the release of Mr. P.B. and Ms. B.O. from prison in March 2011; the
author’s allegations about an alleged risk of harm by persons linked to the human
trafficking network is vague and lacks details; and reports from States and NGOs indicate
that the Nigerian authorities are actively fighting against human trafficking and its
consequences, including for female victims of human trafficking who have returned and
taken up residence in Nigeria.
7.4
The Committee recalls its jurisprudence, in which it states that significant weight
should be given to the assessment conducted by the State party, and that it is generally for
the organs of States parties to the Covenant to review or evaluate facts and evidence in
order to determine whether the risk of harm on return to one’s country of origin exists,
8
9
10
See general comment No. 31 (2004) on the nature of the general legal obligation imposed on States
parties to the Covenant, para. 12.
Communications No. 2007/2010, X v. Denmark, Views adopted on 26 March 2014, para. 9.2; No.
282/2005, S.P.A. v. Canada, decision adopted on 7 November 2006, paras. 7.1 and 7.2; No. 333/2007,
T.I. v. Canada, decision adopted on 15 November 2010; and No. 344/2008, A.M.A. v. Switzerland,
decision adopted on 12 November 2010; and No. 692/1996, A.R.J. v. Australia, Views adopted on 28
July 1997, para. 6.6.
Communications No. 2007/2010, X v. Denmark, para. 9.2; and No. 1833/2008, X. v. Sweden, Views
adopted on 1 November 2011, para. 5.18
9