Advance unedited version CAT/C/63/DR/698/2015
account not credible. On the contrary, one of the inconsistencies concerns a confusion
between the last and the penultimate instances of rape. One instance took place in a 2-room
apartment and the other in a 3-room apartment and on one occasion there were only three
military officers and on the other occasion there was also a woman present. This confusion
concerns an ancillary aspect of the account of repeated rapes and clearly cannot render the
first complainant’s account, which she has otherwise recounted in a genuine and credible
manner, not credible.
5.6
Similarly, the alleged discrepancy between the first interview regarding the person in
January 2013, and the first and second substantive interviews in March and June 2013 cannot
render the complainant’s account not credible. Great caution must be taken when relying on
the first interview as its aim is not to elicit the details of an asylum claim, applicants are often
reminded to keep their answers brief as they will later have an opportunity to expound their
claim. Therefore the first complainant’s account in the January 2013 interview must be
viewed with great caution. The correct account was given in the interview in June 2013, when
the first complainant stated that the very first rape took place in an isolated alleyway.
Regarding her answer in the March 2013 interview it is important to consider the context of
this question. Just before being asked about the first incident of rape the first complainant
had been asked about the last incident of rape. After these questions she was already confused
and struggling to answer further questions, as the questioning had evoked traumatic
memories. In this state of mind, she was not able to recount the details regarding the first
incident of rape correctly. This is precisely the type of detail that a traumatised rape victim
after repeated questions about the rape she had suffered would not be able to recall properly
anymore. The first complainant had provided a genuine and credible account with ample
detail and without embellishment, which supports the credibility of her account.
5.7
The fact that the first complainant cannot submit a medical certificate regarding her
trauma is neither due to her unwillingness to submit herself to psychotherapy, nor due to the
therapist’s unwillingness to accept her into therapy. She requires therapy and clearly shows
signs of exposure to traumatic events. However, without further therapy no proper diagnosis
can be made. The only reason she is barred from accessing psychological or psychiatric
treatment is a result of her current status as a refused asylum seeker. She is therefore unable
to submit a full medical certificate proving her trauma from the rape. It is due to the cantonal
authorities denying her access to such treatment that she has not submitted a report. Indeed,
it was already recommended by the person from the legal advice service
(Hilfswerkvertretung) after the second interview in March 2013 that the Office for Migration
obtain a psychological expert report. However, no such steps were taken by the authorities.
Therefore, the lack of medical evidence cannot be considered as diminishing the first
complainant’s credibility. In the circumstances of the case, the complainant submits that this
in fact supports and corroborates her case, as she has always wanted to undergo
psychotherapy and still desperately requires such treatment. It is for the State party to enable
the first complainant to undergo an expert psychological or psychiatric examination and
obtain a full psychiatric report.23
5.8
The complainant thus submits that the lack of an expert psychiatric or psychological
report cannot count as a factor reducing her credibility. Rather, the existing medical
certificate together with the fact that from a very early stage (March 2013) the authorities
were made aware by the independent observer of the asylum interview
(Hilfswerksvertretung) of the need of such a report and the first complainant’s wish to
undergo therapy, corroborates her credibility.
5.9
Concerning the fact that the first complainant has not reported the rape to the
authorities or a doctor, she has explained at length why neither of this would have made
sense. As Yusup was a deputy commander of a battalion, she feared to file charges against
him. She explained in her interview in June 2013 that when Yusup first started beating her
she had threatened him that she wouldn’t just let him treat her like this implying that she
23
The complainant refers to the ECtHR case R.C. v. Sweden, in which the complainant had submitted a
certificate from a doctor indicating that he may have suffered torture and in which the State party had
argued that this was insufficient evidence to prove the torture. The ECtHR held that upon this indication
it would have been for the government authorities to commission a full medical report.
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