CEDAW/C/70/D/76/2014
murderer by a sharia court. A few days later, the author managed to escape from
prison.
4.4 The Refugee Appeals Board noted that it could not accept the facts as indicated
by the author. It submitted that the author could not have maintained a relationship
with A., to the extent that her children called the man “uncle”, without experiencing
any problems, in particular from her husband’s family. The Board attached decisive
importance to the fact that the author had made inconsistent statements on crucial
elements of her grounds for asylum. For example, in her asylum claim, she stated t hat
her brother-in-law, after killing A., refrained from using violence against her, because
she had cried out. At the Board hearing, however, she stated that she had avoided
violence by locking herself in an adjacent room. Also at the hearing, she made an
elaborate statement on the violence that her brother-in-law had previously subjected
her to and presented photographs thereof. When asked why she was only then, at the
Board hearing, providing that information, she explained that it was because she had
feared Al-Shabaab. The Board found the explanation illogical, especially taking into
account that the author had already made statements incriminating Al -Shabaab and
that her brother-in-law was not a member of Al-Shabaab. The Board also noted that,
in general, the author had been reluctant to provide specific details on the layout of
the prison, as well as on the exact way in which A. had died. The Board noted that, in
all aspects, the author had made evasive and “sketchy” replies. On the basis of an
overall assessment, therefore, the Board found that the author had failed to
substantiate the grounds on which she had based her request for asylum, including
that she would face probable persecution if deported to Somalia, and that her
statements, including the statement on abuse, were not credible.
4.5 The Refugee Appeals Board was of the view that the fact that women living in
Somalia faced difficult general conditions was not sufficient for establishing that the
author was at risk of torture in the country. The State party submitted that the Board
normally did not order an examination for signs of torture in cases in which the
asylum seeker had lacked credibility throughout the proceedings. In such
circumstances, the Board rejected the asylum seeker’s statement about torture in its
entirety. The author’s statement on torture presented significant inconsistencies. On
the basis of the foregoing, the majority of the Board members found no reason to
order an examination for signs of torture. In fine, the Board found that the author
would not be at risk of persecution falling within section 7 (1) of the Aliens Act, 4 or
risk inhumane treatment under section 7 (2) thereof, and therefore upheld the decision
of the Immigration Service. The State party supports the Board ’s assessment finding
that it was not necessary to initiate an examination of the author for signs of torture.
4.6 The State party provided extensive information on the independence,
membership, functioning and prerogatives of the Refugee Appeals Board and the
legal basis of its decisions. The Board is a collegial, independent, quasi -judicial body.
Its decisions are taken in accordance with the international obligations of Denmark,
in particular the Convention relating to the Status of Refugees of 1951. The fact that
the Board did not make express reference to articles of the Convention on the
Elimination of All Forms of Discrimination against Women does not mean that it had
failed to take into consideration the obligations of Denmark under the Convention.
The State party submits that the Board always takes those obligations into
consideration when assessing asylum cases. In addition, the Board is responsible not
only for examining and eliciting information on the specific facts of a case, but also
for providing the necessary background information, including information on the
situation in the asylum seeker’s country of origin or country of first asylum.
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4
4/9
Section 7 (1) of the Aliens Act incorporates article 1 of the Convention relating to the Status of
Refugees into national law.
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