CCPR/C/114/D/2288/2013 unless it is found that the evaluation was clearly arbitrary or amounted to a denial of justice.11 7.5 In the present case, the Committee observes that the State party has not challenged the fact that the author was a victim of human trafficking by Mr. P.B. and Ms. B.O., and that they were tried and imprisoned after the author had reported them to the police and testified against them before the court. It also observes that the denials of her asylum requests by the Refugee Appeals Board focused mainly on the lack of concrete details of the author’s allegations about the risk to her safety that her aggressors’ relatives and persons related to human trafficking in Nigeria represented. In making that assessment, the Board referred in a general fashion to measures taken by the Nigerian authorities to fight against human trafficking and to provide assistance to victims. However, the Committee is of the view that, in the particular circumstances of the author’s case, the State party has failed to take into due consideration the special vulnerability of persons (in this case, the author) who have been subjected to human trafficking, which often lasts for several years even after they have been rescued or are able to free themselves from their aggressors, and the author’s particular status as witness in the criminal proceedings against her aggressors. The State party has also not taken into due consideration the specific capacity of the Nigerian authorities to provide the author, in her particular circumstances, with protection to guarantee that her life and physical and mental integrity would not be at serious risk. 12 Therefore, in the circumstances, the Committee considers that the author’s deportation to Nigeria would constitute a violation of her rights under articles 6 and 7 of the Covenant. 8. The Human Rights Committee, acting under article 5 (4) of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the deportation of the author to Nigeria would, if implemented, violate her rights under articles 6 and 7 of the International Covenant on Civil and Political Rights. 9. In accordance with article 2 (3) (a) of the Covenant, the State party is under an obligation to provide Osayi Omo-Amenaghawon, the author of the present communication, with an effective remedy, including full reconsideration of her claim regarding the risk of treatment contrary to articles 6 and 7 of the International Covenant on Civil and Political Rights should she be returned to Nigeria, taking into account the State party’s obligations under the Covenant and the Committee’s present Views. The State party is also requested to refrain from expelling the author and her minor child to Nigeria while her request for asylum is being reconsidered. The State party should also review its policy of not granting special consideration to requests for asylum from victims of human trafficking who cooperate with its law enforcement authorities (see para. 4.5 above). 10. Bearing in mind that, by becoming a State party to the Optional Protocol, the State party has recognized the competence of the Committee to determine whether there has been a violation of the Covenant or not and that, pursuant to article 2 of the Covenant, the State party has undertaken to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant, the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the present Views. The State party is also requested to publish the present Views and to have them translated into the official language of the State party and widely distributed. 11 12 10 See communications No. 1763/2008, Pillai et al. v. Canada, Views adopted on 25 March 2011, para. 11.4; and No. 1957/2010, Lin v. Australia, Views adopted on 21 March 2013, para. 9.3. See United States of America, Department of State, Trafficking in Persons Report 2012, p. 270; and Trafficking in Persons Report 2014, p. 297.

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