CEDAW/C/72/D/96/2015
with the Committee’s request for interim measures not to deport the author pending
the examination of her case.
Consideration of admissibility
10.1 In accordance with rule 64 of its rules of procedure, the Committee must decide
whether the communication is admissible under the Optional Protocol. Pursuant to
rule 66, the Committee may decide to examine the admissibility of the communication
together with its merits.
10.2 In accordance with article 4 (2) (a) of the Optional Protocol, the Committee is
satisfied that the same matter has not been and is not being examined under another
procedure of international investigation or settlement.
10.3 The Committee notes that the State party challenges the admissibility of the
communication under article 4 (2) (c) of the Optional Protocol, on the basis that the
author’s claims are manifestly ill-founded and not sufficiently substantiated.
10.4 The Committee also notes that, in substance, the author’s claims are aimed at
challenging the manner in which the State party’s authorities assessed the
circumstances of her case, applied the provisions of national law and reached
conclusions. The Committee recalls that it is generally for the authorities of States
parties to the Convention to evaluate the facts and evidence or the application of
national law in a particular case, 32 unless it can be established that the evaluation was
biased or based on gender stereotypes that constitute discrimination agai nst women,
was clearly arbitrary or amounted to a denial of justice. 33 The Committee notes that
nothing on file demonstrates that any such deficiencies characterized the examination
by the authorities of the author’s claims regarding her fears as to the risks that she
would face if she were to return to Chechnya. The Committee notes that, despite
generalized statements made by the author’s counsel regarding perceived
inefficiencies in the asylum procedures of the State party, they are not alleged to have
amounted to, or provoked, discrimination or rendered decisions made by the
authorities arbitrary in the author’s case. Moreover, it is for each sovereign State party
to determine the nature, structure and procedures of its own refugee determination
system, provided that the basic procedural guarantees set out in international law are
respected.
10.5 The Committee further notes that it must give important weight to the
assessment conducted by the national authorities, unless it was found that the
evaluation was clearly arbitrary or amounted to a denial of justice. In the present case,
the Committee considers that nothing on file leads it to conclude that the Danish
immigration authorities, and the Refugee Appeals Board in particular, have failed in
their duties when examining the author’s case, or that their decisions were arbitrary
or amounted to a denial of justice.
10.6 The Committee notes that, in the present case, after addressing the claims as
submitted by the author, the State party’s immigration authorities found that her story
lacked credibility owing to both inconsistencies and a lack of substantiation. The
Committee considers that nothing on file demonstrates that there were irregularities
in the examination by the Danish authorities of the author ’s claims that could lead to
the conclusion that the State party’s authorities had failed in their duty to properly
assess the risks that the author would face if deported to the Russian Federation.
__________________
32
33
10/11
See, for example, R.P.B. v. Philippines (CEDAW/C/57/D/34/2011), para. 7.5; N.M. v. Denmark
(CEDAW/C/67/D/78/2014), para. 8.6; and M.K.M. v. Denmark (CEDAW/C/71/D/81/2015),
para. 10.
See, for example, N.Q. v. United Kingdom of Great Britain and Northern Ireland
(CEDAW/C/63/D/62/2013), para. 6.6; and N.M. v. Denmark, para. 8.6.
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