CEDAW/C/71/D/81/2015
about having been raped only after she realized that in Denmark it was possible to
talk about sexual abuse, whereas in her country doing so would have been shameful.
9.4 The author further refers to a new country of origin information report released
by the European Asylum Support Office in March 2017. According to the translation
of the report provided by the author, the efforts of the Chechen authorities to enforce
tradition and morality affect women more than men, putting them at increased risk of
honour killings, underage marriages and violence.
Issues and proceedings before the Committee
Consideration of admissibility
10.1 In accordance with rule 64 of its rules of procedure, the Committee must decide
whether the communication is admissible under the Optional Protocol.
10.2 The Committee notes that the author claims to have exhausted domestic
remedies and that the State party has not challenged the admissibility of the
communication on that ground. The Committee observes that the Refugee Appeals
Board functions under the law as a court of appeal, in view of its nature as an
independent, competent and quasi-judicial body, and that therefore, according to
Danish law, no appeals against its decisions can be lodged before national courts.
Accordingly, the Committee considers that it is not precluded by the requirements of
article 4 (1) of the Optional Protocol from considering the matter.
10.3 In accordance with article 4 (2) (a) of the Optional Protocol, the Committee is
satisfied that the same matter has not been and is not being examined under another
procedure of international investigation or settlement.
10.4 The Committee notes the author’s claim that her deportation to the Russian
Federation with her child would constitute a violation by Denmark of articles 2 (d)–(f),
5 (a) and 16 (1) (d) of the Convention. The Committee also notes the State party ’s
argument that the communication should be declared inadmissible under
article 4 (2) (c) of the Optional Protocol for lack of substantiation. In that regard, the
Committee recalls the author’s claim that she is at risk of being subjected to violence
by the Chechen/Russian authorities and from the rebels, if she is deported to the
Russian Federation, because during her first marriage Chechen rebels visited the
house where she lived, and she was subsequently forced to become an informer for
the authorities and to provide intelligence regarding the activities of the rebels. The
author fears that, if deported, the family of her second husband will take her son away
from her as she assumes that her second husband has divorced her and, as is the
custom in Chechnya, in case of divorce, the children stay with the husband ’s family.
10.5 The Committee recalls that, according to its jurisprudence, the Convention has
extraterritorial effect only when the woman to be returned will be exposed to a real,
personal and foreseeable risk of serious forms of gender-based violence. 13
10.6 The Committee refers to its general recommendation No. 32 (2014) on the
gender-related dimensions of refugee status, asylum, nationality and statelessness of
women, in paragraph 21 of which it noted that, under international human rights law,
the non-refoulement principle imposes a duty on States to refrain from returning a
person to a jurisdiction in which he or she may face serious violations of human rights,
notably arbitrary deprivation of life or torture or other cruel, inhuman or degrading
treatment or punishment. The Committee further refers to its general recommendation
No. 19, in paragraph 7 of which it noted that gender-based violence, which impairs
or nullifies the enjoyment by women of human rights and fundamental freedoms
under general international law or under human rights conventions, is discrimination
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13
8/10
See, for example, M.N.N. v. Denmark, para. 8.10.
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