CEDAW/C/55/D/40/2012
2.4 In March 2008, the author’s mother experienced health problems and in May
2008, the author returned to Pakistan to look after her. There, the author met her
future husband. Despite threats from A. G., they got married, in June 2008. For a
few months, there were no calls from A. G. However, on one occasion, when the
author was alone at night, A. G. came with a few friends and broke into the house.
The author and her sister-in-law were verbally abused and spat at in the face. The
author was also threatened with imprisonment because of her stay in Denmark.
2.5 In October 2008, without any reason, the police arrested the author’s husband
and younger brother on false allegations emanating from A. G. They spent one week
in prison, where they were ill-treated. They were released only after their relatives
had paid a bribe.
2.6 The author continued to receive phone threats from A. G. during her
employment with a foreign company in Pakistan. She was pregnant at the time and,
because of the stress, delivered early, on 14 March 2009, two months before her due
date. A. G. threatened to kidnap the author’s baby (a girl) from hospital.
2.7 The author and her family were granted tourist visas for Denmark on the basis
of an invitation from the author’s sister. They left Pakistan on 5 September 2009.
They sought asylum in Denmark, claiming that in Pakistan they feared persecution
by A. G. and life-threatening sexual assaults and that the author’s husband would be
killed in connection with the false accusations brought against him by the
authorities. They claimed that A. G. belonged to a high-ranking family and that his
brother was a high-ranking police official who would be able to locate them
anywhere in Pakistan, thus leaving them with no protection.
2.8 The Immigration Service rejected the author’s and her family’s application for
asylum. Their appeal was further rejected by the Refugee Appeals Board, on
9 March 2012; this decision is final and is not subject to further appeal. The Board
found it reasonable for the author and her family to take up residence in a different
location in Pakistan. It did not find that the harassment to which the author and her
family had been exposed as Christians amounted to persecution or that the situation
of Christians in Pakistan was such that it would be unreasonable for them to reside
in a different location in Pakistan.
Complaint
3.
The author claims that she and her family are the victims of a violation of
articles 1, 2, 3, 5, 12 and 16 of the Convention and of the Committee’s general
recommendation No. 19. She claims that she was subjected to sexual harassment in
Pakistan and that three of her brothers and her husband were apprehended and
detained by the police and severely beaten and humiliated. She claims that, on
12 January 2010, one of her brothers died as a result of serious injuries sustained in
detention. She claims that, by deporting her and her family to Pakistan, Denmark
will be in breach of the Convention, because the Pakistani authorities will be unable
to protect them in their country of origin.
State party’s observations on admissibility
4.1 In its submission of 21 May 2012, the State party challenges the admissibility
of the communication. It notes that the author and her family arrived in Denmark on
5 September 2009 and applied for asylum on 8 September 2009. They explained to
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