CEDAW/C/69/D/85/2015
2.3 One day in March 2008, the author’s father had caught her talking to H. in the
field after school. He brought her home to her mother and brothers and threatened to
kill her with his shotgun as a punishment for having brought shame on the family.
The author’s paternal aunt, who was present, disclosed to him that the author had had
an abortion in the past. The author’s brothers then suggested handing her over to
Al-Shabaab, in order to “do away with her” because she had committed adultery. The
father refused, because he did not trust the group and thought that it would “just flog
her and not kill her”. The author’s mother arranged for her to hide at N.’s home. Later
that day, the author was brought to Beledweyne by her maternal aunt, who was
visiting Buulobarde on the day the author and H. were caught together, in order to
save her. The author left Beledweyne for Ethiopia the following morning.
2.4 In April 2008, she arrived in Libya, where she was imprisoned for two months
for having entered the country illegally. She fled with other prisoners from a prison
near Benghazi and, on 7 August 2008, arrived by boat in Italy, wh ere she stayed until
leaving for Denmark on 15 December 2013. In November 2008, she was granted
residence in Italy for three years on humanitarian grounds. That permit was not
subsequently renewed. From November 2011, the author remained in Italy illegally
but the Italian authorities took no steps to detain or expel her. In August 2013, the
documents related to her residence permit were withheld by the Italian authorities and
not returned.
2.5 The author is unaware of what became of H. after her departure i n 2008. He
travelled to Libya in 2009 or 2010, but the author was already in Italy by then. In
2010, they were married in a religious ceremony in Libya, at which she was
represented in her absence by children of her maternal aunt. H. entered Italy in
December 2010 and was granted residence for three years, starting from 30 December
2011. The author and H. lived together on the street in the town of Foggia from
30 December 2011 until H. died of tuberculosis in May 2012. Shortly before his death,
the author became pregnant. 4 The Italian authorities were unaware that the author and
H. were married. The author’s son, H.H.M., was born in Italy on 28 February 2013.
While in Italy, the author met a pastor from Finland, who gave her money to help her
to apply for asylum in another country of the European Union.
2.6 The author and her son entered Denmark on 18 December 2013 without valid
travel documents. She applied for asylum on the same day. She gave as grounds for
seeking asylum her fear of being killed by her family or surrendered to Al-Shabaab,
in the event of her return to Somalia, because she had had a relationship with H. out
of wedlock and despite her family’s disapproval.
2.7 On 19 January 2015, the Danish Immigration Service turned down her asylum
application and on 8 April 2015, the Refugee Appeals Board dismissed her appeal
against that decision. The Board noted that the author appeared to be a low -profile
individual, as she had not been a member of any political or religious associations or
organizations or been politically active in any other way. It also noted that her
statements on the events alleged to have occurred prior to her arrival in Denmark were
__________________
4
18-06600
According to the author’s substantive interview of 23 May 2014 with the Danish Immigration
Service, she was informed that it had been calculated that she must have become pregnant in the
same period when H. died. She had confirmed that she had been at an early stage of pregnancy at
the time of his death.
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