CEDAW/C/72/D/96/2015
6.3 The State party recalls that the Refugee Appeals Board, in its decision of
31 August 2015, found that the author had failed to establish that she would risk
persecution or abuse under sections 7 (1) and (2) of the Aliens Act were she to be
returned to Chechnya.
6.4 The State party recalls that the Refugee Appeals Board rejected the author ’s
asylum request because it did not consider her account of the events to be credible or
likely. 22 It refers to a report produced by the Danish Immigration Service in January
2015, 23 in which it was indicated that “it would be very rare, if at all, that the Chechen
authorities pay attention to distant relatives and such relatives would not be punished
or exposed to beatings or torture”. Given that the author entered Denmark with a
genuine temporary passport issued by the authorities in Grozny on 4 August 2014, the
State party considers it unlikely that authorities would have issued her a document
allowing her to leave the Russian Federation if they were still interested in her.
Furthermore, the State party recalls that the Refugee Appeals Board rejected her claim
that she was at risk of being the victim of an honour killing. 24 Given the author’s
claim that she only told her mother about the rape and that her mother denied the
rumours circulating in the town, the State party considers it unlikely that her brother
would have nevertheless believed those rumours. It also considers it unlikely that the
author’s brother was the only person who wanted to kill her and that the rest of the
author’s family either had not heard the rumours or remained willing to help her
despite having done so.
6.5 In relation to the summonses dated 9 April 2015 and 21 April 2015, which the
author produced on 22 January 2016, the State party submits that the author had
sufficient opportunity to produce new information during the asylum proceedings. It
recalls that she had been aware of the summonses since 26 June 2015 and considers
it peculiar that she only produced them on 14 January 2016.
6.6 The State party recalls that the author, in her submission dated 17 September
2015, rejected the assessment of facts and evidence by the Refugee Appeals Board
but did not demonstrate that the assessment was arbitrary or amounted to a denial of
justice. It reiterates that the author failed to identify any irregularity in the Board ’s
decision-making process or any considerations which the Board had failed to properly
take into account. Furthermore, the State party observes that the author did not dispute
the Board’s credibility assessment. In relation to credibility assessments in general,
it refers to cases before the European Court of Human Rights 25 and communications
submitted to the Human Rights Committee, 26 in which it was reasoned that the State
party is better placed to assess the facts and evidence of the author ’s case and his or
her credibility. The State party therefore relies on the Board’s decision of 31 August
2015, which was made following a comprehensive examination of the author ’s case,
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The State party refers to the decision of 31 August 2015, in which the Board indicated that it
could not accept the author’s claim that she had “a conflict with the authorities and, as a result,
with her family”.
The State party refers to page 52 of the report, “Security and human rights in Chechnya and the
situation of Chechens in the Russian Federation”.
The State party refers to the decision of 31 August 2015, in which the Board indicated that it
found the author’s statement that she was allegedly being pursued by her family “non-credible”.
The State party refers to R.C. v. Sweden (application No. 41827/07), para. 52, which contains the
following statement: “as a general principle, the national authorities are best placed to assess not
just the facts but, more particularly, the credibility of witnesses ”.
The State party refers to P.T. v. Denmark, para. 7.3, in which the Human Rights Committee
recalled its jurisprudence that important weight should be given to the assessment conducted by
the State party, unless it was found that the evaluation was clearly arbitrary or amounted to a
denial of justice, and that it was generally for the organs of States parties to the International
Covenant on Civil and Political Rights to review or evaluate facts and evidence in order to
determine whether such a risk existed.
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