CEDAW/C/70/D/76/2014
and Political Rights had never been incorporated into the legislation of Denmark;
similarly, the legislation had not been brought into line with the Convention.
5.3 On the issue of whether, during the asylum proceedings, the author should have
been given a medical examination for signs of torture, she notes that the decision of
the Refugee Appeals Board rejecting her claim was not unanimous. A minority of one
or two members found reason to conduct such an examination. 10
5.4 The author claims that the mere fact that Somalia has not signed the Convention
is justification for her fear of what will befall her if she is deported. She recalls that,
in its decision, the Refugee Appeals Board did not mention the C onvention, although
her counsel had raised the issue before the Board. According to the author, that
indicates a lack of interest on the part of the authorities of Denmark in respecting
their international obligations. The author argues that, in the event of a conflict
regarding interpretation of the facts, it is the primary responsibility of the State party
to prove that decisions of the national courts have referred to the Convention.
5.5 In order to underline the difficult situation of single women in S omalia, the
author cites a recent decision of the European Court of Human Rights. 11 She also
claims that the State party cannot submit that she has failed to prove the allegations
of torture because, when she asked for an examination, her request was reject ed by
the Board.
State party’s additional observations
6.1 By note verbale of 18 October 2016, the State party informed the Committee
that, in the light of the judgment of the European Court of Human Rights in R.H. v.
Sweden, the immigration authorities of Denmark decided to reopen the author’s case
and order an oral hearing before a new panel for clarification of the author ’s family
and other support networks in her country of origin. On 15 July 2016, the Refugee
Appeals Board once again upheld the decision of the Immigration Service. Taking
into account the oral observations of the author, the Board considered that she had
failed to explain how she would be at risk if returned to Somalia. In that respect, the
Board insisted that the statements of the author throughout the process seemed to be
fabricated for the occasion. In addition, the Board found that the author had failed to
substantiate that she would find herself in the position of a single woman, with no
“male social network”, if deported to her country of origin. The Board concluded,
therefore, that the author should be presumed to have access to support from both
family and other social networks, including a “male social network”, for her
protection.
6.2 In its decision of 15 July 2016, the Refugee Appeals Board again refused to
initiate an examination of the author for signs of torture, and it confirmed the decision
of the Immigration Service.
6.3 The State party has submitted additional general information about the situation
in Somalia. On the basis of a report of the Home Office of the United Kingdom of
Great Britain and Northern Ireland of 2016, 12 the State party affirms that Al-Shabaab
no longer controls major cities in the region of Shabelle Hoose.
6.4 The State party reiterates that the communication should be declared
inadmissible, given that the claims therein are manifestly unfounded. Should the
Committee find it admissible, the State party maintains the view that sufficient
__________________
10
11
12
6/9
The author did not provide the Committee with the source of that information.
See footnote 6 above.
Home Office of the United Kingdom, “Country information and guidance: Somalia — security
and humanitarian situation in south and central Somalia ” (July 2016).
18-13456