CEDAW/C/55/D/35/2011 5.6 The author refutes the State party’s statement that the present communication does not constitute exceptional circumstances such as to trigger the extraterritorial application of the Convention. She reiterates that she was raped by a group of men, whom she believed were members of the Imberakure youth militia supported by the ruling party, and that she fears being subjected to the same treatment if she is returned to her country of origin. The author fears being imprisoned and raped while in custody by prison guards and being unable to report such crimes to the police because of the prevailing impunity for rape perpetrators in Burundi. 5.7 The author submits that the fact that the Committee decided to request interim measures appears to indicate the exceptional character of the present communication. She also contends that the extent of her fear of rape upon return pertains to the merits of the case and not its admissibility. 5.8 The author further refutes the State party’s claim that she did not exhaust domestic remedies. The issue of gender-based violence was indeed raised during the proceedings before the Immigration Service and the Refugee Appeals Board. She explained to the Board that her home town of Ruziba had been attacked and members of FNL had fled or been killed. She also told the Board that she had been raped by three men, whom she thought were members of the militia affiliated with the ruling party, but that she had no proof of that. The author therefore argues that the communication should be considered admissible under article 4 (1) of the Optional Protocol. 5.9 The author further submits that her claims are well substantiated, contrary to the State party’s assertions. The State party appears to be of the opinion that “rape is just something that a woman has to suffer in situations of conflict in Africa” and that women cannot be subjected to political persecution. Lastly, the author clarifies that she alleged a violation of article 12 of the Convention, not article 14, given that she has been experiencing mental suffering in the aftermath of the rape and fears that she may have been infected with HIV/AIDS. State party’s additional observations 6.1 On 27 August 2012, the State party informed the Committee that the Refugee Appeals Board had submitted an additional opinion regarding the author’s communication. In that opinion, the Board, referring to its decision of 29 September 2011, 15 states that its collection of background material on the situation in the countries from which the State party receives asylum seekers is published on its website and updated regularly, meaning that it is accessible to members of the Board and parties to the case. The relevant material is also directly sent to the parties, including counsel assigned to the asylum seeker, before Board hearings. When the Board rendered its decision on 29 September 2011, the Board members were therefore acquainted with the situation in Burundi. The Board carried out research for background material, including reports referred to by the author, which it took into account when deciding on the appeal. 6.2 Regarding the author’s allegations before the Committee of rape by members of the Imberakure youth militia, 16 the State party notes a contradiction with her allegations during asylum proceedings. When specifically asked whether the rape __________________ 15 16 13-43086 See para. 2.11 above. See para. 5.6 above. 9/20