CEDAW/C/71/D/81/2015
into consideration the relevant asylum seeker’s particular situation, including cultural
differences, age and health, and that, if it has doubts about the asylum seeker ’s
credibility, the Board always assesses to what extent the principle of the benefit of
the doubt should be applied. 5 It refutes the author’s argument that the Board failed to
take into account the violent and frightening incidents described by the author, as it
is possible to note from its decision that the Board took into account that there may
have been interpreting problems and that it may have been difficult for the author to
make a statement on the sexual abuse that she allegedly suffered.
4.7 The State party also observes that it is unlikely that, after having suffered very
serious and violent abuse, the author continued to refuse to work a s an informer. The
State party further observes that it is unlikely that, for about seven years, the author
was able to provide new information every second month and that she was in
possession of information that was relevant to the authorities, as she “appears to be a
very low-profile individual” and to have no affiliation with the rebel movement. It
observes that the information provided in the report submitted by the author was taken
into consideration by the Refugee Appeals Board when taking its decisi on.
4.8 The State party concludes that the return of the author and her child to the
Russian Federation will not constitute a breach of articles 2 (d)–(f), 5 (a) and
16 (1) (d) of the Convention because there is no basis for contesting the assessment
made by the Refugee Appeals Board, according to which the author had failed to
substantiate that she faced a risk of persecution or abuse in the Russian Federation,
as it was based on a thorough assessment of the author ’s credibility, the background
information available and the author’s specific circumstances. 6 The State party also
recalls that, in her communication to the Committee, the author did not provide new
information that was different from that already taken into account by the Board. It
further claims that the author is seeking to use the Committee as an appellate body to
have the factual circumstances of her claim for asylum reassessed by the Committee.
Author’s comments on the State party’s observations on admissibility and
the merits
5.1 On 11 December 2015, the author submitted her comments on the State party ’s
observations. Regarding admissibility, she underlines that it is not possible to know
what would happen if she were to return to the Russian Federation, but it is obvious
that there is a risk that she will be subjected to gender-based violence there.
5.2 The author rejects the argument that the Convention has extraterritorial effect
only when the woman to be returned will be exposed to a real, personal and
foreseeable risk of serious forms of gender-based violence and refers to the language
used by the Committee in this connection in its decision of 15 July 2013 in M.N.N. v.
Denmark. 7 She suggests that, in the present case, it should be obvious that the risk is
foreseeable owing to her specific circumstances. She notes that members of the
Refugee Appeals Board considered her explanations credible, as the decision was
taken by majority and not by consensus.
5.3 The author claims that her failure to mention in the first interview that she had
been raped is explained by the fact that, in Chechnya, culture and tradition dictate
that speaking openly about sexual abuse often results in the stigmatization of the
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The State party provides a detailed explanation of the way in which decisions are made by the
Refugee Appeals Board, in accordance with the Aliens Act.
The State party refers to the decisions of the Human Rights Committee in P.T. v. Denmark
(CCPR/C/113/D/2272/2013) and in Mr. X and Ms. X v. Denmark (CCPR/C/112/D/2186/2012) to
support its claims.
M.N.N. v. Denmark, para. 8.10.
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