CCPR/C/126/D/2685/2015 asylum claim and are reasonable, given their individual backgrounds and the time between the events in question and the asylum procedure in Denmark. 5.8 The State party notes that a number of elements of the authors’ account are “unlikely”. In J.K. and Others v. Sweden, the European Court of Human Rights upheld the principle of benefit of the doubt in the context of credibility assessments. The State party incorrectly asserts that the authors had sex “several times” at F.M.’s home because the authors only claimed to have had sex twice during the relevant period. Background information suggests that extramarital relationships are possible in Afghanistan. The fact that many women and girls are accused of engaging in sexual activities indicates that they are actually possible, at least to some extent.32 5.9 The State party notes that the authors were unable to provide “any details” of where they lived in Istanbul or Athens. This is incorrect. R.M. declared before the Refugee Appeals Board on 22 October 2013 that they stayed in the Aksara area of Istanbul and on Akharnoon Street in Athens, close to Victoria Park. F.M.’s lack of specificity about their situation in Turkey and Greece is consistent with her profile as an illiterate young woman fleeing Afghanistan. The State party also notes that it seems “peculiar” that R.M. could not state the time of his son’s birth. R.M. declared in his final interview with the Danish authorities that he could not remember his son’s date of birth because it was a particularly stressful time. This is consistent with R.M.’s identity as a poorly educated person unfamiliar with the Gregorian calendar fleeing Afghanistan. 5.10 The State party also seems to suggest that F.M.’s fear of persecution for running away from home is not well-founded. Several sources provide information that clearly demonstrates, however, that prosecution continues. 33 There also exists a real risk of an “honour killing” being carried out against F.M. by her family.34 Therefore, there is a range of relevant background information that demonstrate extremely grave consequences for women, like F.M., fleeing arranged marriages and suspicion of moral crimes (such as extramarital affairs). Background information also supports a real risk for R.M.: the UNHCR Eligibility Guidelines on Afghanistan provide that “men who are perceived to be acting contrary to prevailing customs may also be at risk of ill-treatment, particularly in situations of accusations of adultery and sexual relations outside of marriage.” To conclude, this background information supports the authors’ claims of a well-founded fear of persecution arising from their extramarital affair and flight from Afghanistan. State party’s additional observations 6.1 On 17 May 2017, the State party submitted that the authors’ observations did not provide any new information on their situation. It also informs the Committee that the authors had a third child on 14 July 2016. 6.2 With regard to the authors’ allegation that the Refugee Appeals Board appears to base its credibility assessment on an inappropriately high standard of proof, it follows from section 40 of the Aliens Act that an alien must provide such information as is required for deciding whether that person falls within section 7 of the Act. It is thus incumbent upon an asylum seeker to render it probable that the conditions for granting asylum are satisfied. At the examination of an application for asylum, the asylum seeker is informed of his or her duty to provide information, and of the importance of providing all relevant information. The 32 33 34 10 The authors refer to the 2013 UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Afghanistan, and also to the United States Department of State, 2015 Country Reports on Human Rights Practices – Afghanistan, which states that, out of 92 honour killings in a three-month period in 2015, half were triggered by sex outside marriage (p. 35). See CEDAW/C/AFG/CO/1-2, para. 24; Kenneth Katzman, Afghanistan: Post-Taliban Governance, Security, and U.S. Policy, Congressional Research Service, 22 December 2015, p. 15; United Kingdom Home Office, Country Information and Guidance – Afghanistan: Women fearing gender-based harm/violence, February 2016, para. 8.5.2; A/HRC/29/27/Add.3, para. 23; A/HRC/25/41, para. 45; and UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Afghanistan, 19 April 2016, p. 59. The authors invoke the report2015 of the United States Department of State.

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