CEDAW/C/72/D/96/2015
as an appellate body to reassess the factual circumstances that she put forth to support
her asylum request. It also observes that the author has fai led to produce any new and
specific information on her situation in addition to the information on the basis of
which her asylum claim was rejected. With reference to the case law of the Human
Rights Committee, the State party recalls 12 that the Committee on the Elimination of
Discrimination against Women should give considerable weight to the facts
articulated by the Board, which is better placed to assess the factual circumstances of
the author’s case. It recalls that the Board, after making a thorough ass essment of the
author’s credibility, specific circumstances and available background information,
found that she would be unlikely to face persecution or abuse justifying asylum if she
were to be deported.
4.4 The State party rejects the author’s claim that the Refugee Appeals Board failed
to take the Convention into account in its assessment of her case. It reiterates that the
Board is legally obliged to consider the international obligations of Denmark and
underlines that the fact that the Board made no explicit reference to the Convention
in its decision does not mean that its provisions were not taken into account.
Author’s comments on the State party’s observations on admissibility
5.1 On 22 January 2016, the author submitted her comments on the St ate party’s
observations on admissibility. She reiterates that she would risk gender-based
persecution if she were to be returned to the Russian Federation.
5.2 The author submits that the practice of honour killing has become more
prevalent in Chechnya in recent years and that perpetrators rarely face any legal
consequences. 13 She indicates that the President of Chechnya, Ramzan Kadyrov, has
publicly endorsed the practice 14 and made other discriminatory statements regarding
women. The author reiterates that her family still believes that she is a “touched
woman”, which allows them to kill her. She claims that she would be at risk of being
the victim of an honour killing if she were to be deported.
5.3 The author provides new information that the Chechen authorities often visit her
mother’s house to search for her, which she claims substantiates her fear of being
subject to further sexual abuse by those authorities. On 14 January 2016, the author
produced two police summonses, dated 9 and 21 April 2015. She was also informed
about the visits by the authorities in a telephone conversation with her mother on or
around 17 January 2015. Her mother explained that the Chechen authorities had
arrested the author’s older brother shortly before 31 December 2015 and detained him
for two days. The author’s mother also stated that she was unaware of the whereabouts
of the author’s younger brother.
5.4 Furthermore, the author submits that the conflict in Chechnya has worsened.
President Kadyrov reacted strongly to the “Grozny attacks” of 4 December 2014 and
has targeted insurgents’ relatives by ordering that they be expelled from Chechnya
and that their homes be destroyed. 15 The author observes that, one month after
President Kadyrov made that statement, at least 15 homes were destroyed. 16 She
recalls that she is seeking asylum because she is “officially” considered to be “at least
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19-05867
In support of its position, the State party refers to Mr. X and Ms. X v. Denmark
(CCPR/C/112/D/2186/2012), para. 7.5; P.T. v. Denmark (CCPR/C/113/D/2272/2013), para. 7.3;
N v. Denmark (CCPR/C/114/D/2426/2014), para. 6.6; Z v. Denmark (CCPR/C/114/D/2329/2014),
para. 7.4; and K v. Denmark (CCPR/C/114/D/2393/2014), paras. 7.4 and 7.5.
The author refers to a 2012 report by Human Rights Watch, in which the organization highlighted
“frequent reports of honour killings” in Chechnya.
The author provides a copy of an article from The Moscow Times dated 23 November 2014.
The author provides a copy of an article from the Eurasia Daily Monitor dated 12 March 2015.
The author provides a copy of an article from The Telegraph dated 17 January 2015.
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