CCPR/C/126/D/2685/2015
4.7
On the merits, the authors have not provided any new information that has not already
been reviewed by the Refugee Appeals Board. The State party points to discrepancies in the
authors’ declarations before the Danish authorities as to the timing of their sexual
intercourse,18 as to the manner in which F.M. announced her pregnancy to R.M.,19 as to their
contact after they had had sexual intercourse for the second time,20 as to the time elapsed
since F.M.’s forced engagement until their escape,21 as to the killing of R.M.’s brother,22 and
as to F.M.’s cousin.23 As pointed out by the Refugee Appeals Board when it announced its
decision not to reopen their case on 10 December 2014, when assessing the inconsistencies
in the authors’ statements, the Board had taken into account, on the one hand, the time elapsed
since their departure from Afghanistan and the fact that they were illiterate and, on the other,
the fact that the inconsistencies were substantial and concerned otherwise very simple
grounds for asylum and a very short period of time, with a sequence of events that seems less
probable.
4.8
In its assessment of the authors’ secret relationship, the Refugee Appeals Board also
took into account relevant background information. According to a report on the fact-finding
mission of the Danish Immigration Service to Kabul from 25 February 2012 to 4 March 2012,
published in May 2012, an independent research institute in Kabul emphasized that “almost
all marriages in Afghanistan are arranged marriages (…), and that the culture in Afghanistan
is such that it is almost impossible to have relations outside or before marriage. The family
18
19
20
21
22
23
6
When interviewed by the Danish Immigration Service on 7 June 2012, F.M. stated that they had had
sexual intercourse for the first time at their fourth rendezvous. However, before the Refugee Appeals
Board, on 22 October 2013, she stated that they had had sexual intercourse for the first time at their
third rendezvous. Before the Immigration Service on 15 May 2012, F.M. declared that the two
instances of sexual intercourse had been one month apart, whereas she stated on 7 June 2012 and on
22 October 2013 that they had been only one week apart. When interviewed by the Immigration
Service on 4 February 2013, R.M. declared that they had had sexual intercourse for the first time at
their second rendezvous. However, on 18 February 2013, he stated that they had had sexual
intercourse for the first time at their fourth rendezvous, a statement he changed during the interview,
saying that it had been at their third rendezvous.
Before the Refugee Appeals Board on 22 October 2013, R.M. declared that F.M. had telephoned him
to tell him she was pregnant, whereas he stated on 18 February 2013 that she had told him on the
street, in front of her home.
On 4 February 2013, R.M. declared that, after having had sexual intercourse for the first time, the
authors had met another two or three times at F.M.’s home. On 18 February 2013, he first stated that
they had remained in close contact after having had sexual intercourse for the first time and that they
had seen each other when they had the time. R.M. changed that statement later at the same interview
saying that, after having had sexual intercourse for the second time, they had only spoken on the
telephone as they had both been scared. He maintained that statement at the hearing before the
Refugee Appeals Board. By contrast, F.M. stated on 7 June 2012 that they had seen each other three
or four times at the home of her paternal aunt (father’s sister) after having had sexual intercourse for
the second time. However, she changed that statement at the hearing before the Refugee Appeals
Board, saying that they had kept a low profile and had only spoken over the telephone after the
second time.
On 18 February 2013, R.M. declared that they had fled four months after their first rendezvous,
whereas F.M. declared on 15 May 2012 that she had been told that she had been promised to another
man one month before their flight, and that the authors had had a relationship for four months by then.
On 4 February 2013, R.M. declared that two weeks had elapsed between F.M.’s engagement and their
flight.
R.M. explained on 4 February 2013 that F.M.’s cousin and two or three other people had assaulted his
brother, who had been stabbed with a knife by either F.M.’s cousin or one of the cousin’s friends.
However, on 18 February 2013, R.M. declared that his family had been contacted by four or five
people altogether, including F.M.’s uncle and cousin. Before the Refugee Appeals Board, on 22
October 2013, R.M. stated that his brother had been stabbed with a knife by F.M.’s cousin and two of
his friends. It further appears from the document produced by R.M. that his brother was killed on 12
July 2011. R.M. declared that the authors left Afghanistan in the spring of 2010. If the killing of
R.M.���s brother was related to the authors’ premarital relationship and their escape, it seems peculiar
that it took more than one year after their flight before his brother was killed.
On 18 February 2013, R.M. declared that F.M.’s cousin had told F.M.’s uncle when he saw the
authors together. However, R.M. changed that statement, saying that F.M.’s cousin had told her uncle
only after the authors had fled. By contrast, F.M. has stated that her cousin saw them talk to each
other twice.