CEDAW/C/72/D/96/2015
a supporter of the rebels”, given that she treated her cousin, a Chechen rebel, for an
injury allegedly received during a conflict with the Chechen authorities.
5.5 The author submits that the above information confirms the information she
provided to Danish authorities in her asylum request, proving her credibility. She
observes that it is difficult to provide evidence, owing to the risk of abuse by both the
Chechen authorities and her family. She recalls that the State party cannot return an
asylum seeker to his or her country of origin if there is an imminent danger that he or
she will be subject to abuse. She refers to the case of A v. Denmark, 17 in which the
Committee noted that States parties should take into account that the threshold for
accepting asylum applications should be measured not against the probability, but
against the reasonable likelihood that the claimant has a well -founded fear of
persecution or that she would be exposed to persecution upon her return. She
highlights that she had been subjected to rape and cruel and inhumane treatm ent,
amounting to torture. The author refers to the decision of the Committee against
Torture in Rong v. Australia,18 in which it noted that complete accuracy was seldom
to be expected by victims of torture. She also refers to an individual opinion of the
Human Rights Committee in P.T. v. Denmark, 19 according to which, as a general
approach to interpreting the matters submitted to it, that Committee must decide for
the option most favourable to the alleged victim in case of doubt.
5.6 Furthermore, the author rejects the State party’s submission that the Refugee
Appeals Board considered the Convention in its decision of 31 August 2015. She
refers to M.N.N. v. Denmark 20 and A v. Denmark, in which the Committee on the
Elimination of Discrimination against Women held that a State party would violate
the Convention if it returned a person to another State where it was foreseeable that
serious gender-based violence would occur. The author recalls that her mother has
informed her that her brother intends to commit an honour killing.
State party’s observations on the merits
6.1 By a note verbale dated 22 December 2016, 21 the State party submitted its
observations on the merits of the communication. The State party reiterates that the
communication should be considered inadmissible under article 4 (2) (c) of the
Optional Protocol, because it is manifestly ill-founded and the author has failed to
establish a prima facie case for the purpose of admissibility. Should the Committee
find the communication to be admissible, the State party submits that the author has
not sufficiently established that she would be exposed to a rea l, personal and
foreseeable risk of serious forms of gender-based violence if she were to be returned
to the Russian Federation.
6.2 The State party recalls the author’s submissions dated 17 September 2015 and
22 January 2016. It observes that they seem to provide no new and specific
information on her situation in addition to the information on the basis of which the
Refugee Appeals Board denied her asylum claim, and it therefore refers to its
observations dated 15 November 2015. The State party reiterates that the Board
thoroughly examined the author’s claims in the context of her background and found
them to be inconsistent and “non-credible”.
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21
6/11
A v. Denmark (CEDAW/C/62/D/53/2013), para. 9.3.
Rong v. Australia (CAT/C/49/D/416/2010), para. 7.5.
P.T. v. Denmark, appendix II, para. 3, individual opinion of Human Rights Committee member
Fabián Salvioli.
M.N.N. v. Denmark (CEDAW/C/55/D/33/2011).
On 12 July 2016, the Committee decided to maintain its request for interim measures and
examine the admissibility of the communication together with its merits.
19-05867