CCPR/C/126/D/2685/2015
asylum claim and are reasonable, given their individual backgrounds and the time between
the events in question and the asylum procedure in Denmark.
5.8
The State party notes that a number of elements of the authors’ account are “unlikely”.
In J.K. and Others v. Sweden, the European Court of Human Rights upheld the principle of
benefit of the doubt in the context of credibility assessments. The State party incorrectly
asserts that the authors had sex “several times” at F.M.’s home because the authors only
claimed to have had sex twice during the relevant period. Background information suggests
that extramarital relationships are possible in Afghanistan. The fact that many women and
girls are accused of engaging in sexual activities indicates that they are actually possible, at
least to some extent.32
5.9
The State party notes that the authors were unable to provide “any details” of where
they lived in Istanbul or Athens. This is incorrect. R.M. declared before the Refugee Appeals
Board on 22 October 2013 that they stayed in the Aksara area of Istanbul and on Akharnoon
Street in Athens, close to Victoria Park. F.M.’s lack of specificity about their situation in
Turkey and Greece is consistent with her profile as an illiterate young woman fleeing
Afghanistan. The State party also notes that it seems “peculiar” that R.M. could not state the
time of his son’s birth. R.M. declared in his final interview with the Danish authorities that
he could not remember his son’s date of birth because it was a particularly stressful time.
This is consistent with R.M.’s identity as a poorly educated person unfamiliar with the
Gregorian calendar fleeing Afghanistan.
5.10 The State party also seems to suggest that F.M.’s fear of persecution for running away
from home is not well-founded. Several sources provide information that clearly
demonstrates, however, that prosecution continues. 33 There also exists a real risk of an
“honour killing” being carried out against F.M. by her family.34 Therefore, there is a range of
relevant background information that demonstrate extremely grave consequences for women,
like F.M., fleeing arranged marriages and suspicion of moral crimes (such as extramarital
affairs). Background information also supports a real risk for R.M.: the UNHCR Eligibility
Guidelines on Afghanistan provide that “men who are perceived to be acting contrary to
prevailing customs may also be at risk of ill-treatment, particularly in situations of
accusations of adultery and sexual relations outside of marriage.” To conclude, this
background information supports the authors’ claims of a well-founded fear of persecution
arising from their extramarital affair and flight from Afghanistan.
State party’s additional observations
6.1
On 17 May 2017, the State party submitted that the authors’ observations did not
provide any new information on their situation. It also informs the Committee that the authors
had a third child on 14 July 2016.
6.2
With regard to the authors’ allegation that the Refugee Appeals Board appears to base
its credibility assessment on an inappropriately high standard of proof, it follows from section
40 of the Aliens Act that an alien must provide such information as is required for deciding
whether that person falls within section 7 of the Act. It is thus incumbent upon an asylum
seeker to render it probable that the conditions for granting asylum are satisfied. At the
examination of an application for asylum, the asylum seeker is informed of his or her duty to
provide information, and of the importance of providing all relevant information. The
32
33
34
10
The authors refer to the 2013 UNHCR Eligibility Guidelines for Assessing the International Protection
Needs of Asylum-Seekers from Afghanistan, and also to the United States Department of State, 2015
Country Reports on Human Rights Practices – Afghanistan, which states that, out of 92 honour killings
in a three-month period in 2015, half were triggered by sex outside marriage (p. 35).
See CEDAW/C/AFG/CO/1-2, para. 24; Kenneth Katzman, Afghanistan: Post-Taliban Governance,
Security, and U.S. Policy, Congressional Research Service, 22 December 2015, p. 15; United Kingdom
Home Office, Country Information and Guidance – Afghanistan: Women fearing gender-based
harm/violence, February 2016, para. 8.5.2; A/HRC/29/27/Add.3, para. 23; A/HRC/25/41, para. 45; and
UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers
from Afghanistan, 19 April 2016, p. 59.
The authors invoke the report2015 of the United States Department of State.