CEDAW/C/70/D/76/2014
had provided them with pictures of scars on her back, which were allege dly the result
of the ill-treatment in question. The Committee further notes that the author submitted
that claim and the pictures in question only at the stage of appeal to the Refugee
Appeals Board, the Board considered her explanations in justification of the delay to
be unsatisfactory and illogical, and the Board’s overall assessment of the author’s
allegations was that they were insufficiently substantiated. The Committee also notes
the State party’s argument that Al-Shabaab no longer controls the region in question.
In addition, the Committee considers that there is no information before it that would
permit it to conclude that the Board refused to order an examination for signs of
torture for the author because she is a woman.
7.13 In the light of the foregoing, and while not underestimating the legitimate
concerns with regard to the general human rights situation in Somalia, in particular
for women, the Committee considers that no information on file permits it to conclude
that the State party’s authorities failed to give sufficient consideration to the author ’s
application for asylum, or that the examination of her asylum case otherwise suffered
from any procedural defect. In view of the considerations above, the Committee
considers that the author has failed to establish that, if deported to Somalia, she would
be exposed to a real, personal and foreseeable risk of serious forms of gender -based
violence.
8.
The Committee therefore decides that:
(a) The communication is inadmissible under article 4 (2) (c) of the Optional
Protocol;
(b)
18-13456
This decision shall be communicated to the State party and to the author.
9/9