CEDAW/C/72/D/96/2015
kill her to restore the family’s honour, a practice known as so-called “honour killing”.
The author also indicates that she fears returning to her town because the document
she signed appeared to show that she had collaborated with the Chechen authorities.
2.5 On 15 August 2014, the author arrived in Denmark and applied for asylum on
the same day. The Danish Immigration Service interviewed her on 30 January 2015
and 18 June 2015. On 26 June 2015, the Service rejected her asylum claim, finding
that she would not be at risk of persecution, the death penalty, torture or inhumane or
degrading treatment or punishment under sections 7 and 31 of the Aliens Act of
Denmark should she be returned to the Russian Federation. It indicated that her story
seemed “fabricated” and “unlikely”, rejected her claim that many in the community
would know about her sexual assault 4 and concluded that she was not at risk of
“specified and individual pursuit” by Chechen authorities. 5 On 19 August 2015, the
author appealed to the Refugee Appeals Board. On 31 August 2015, the Board
rejected the author’s appeal, finding that she would not be at risk under section 7 of
the Aliens Act should she be returned to the Russian Federation. The Board found her
story to be “untrustworthy”, in particular her claims that Chechen authorities continue
to be interested in her 6 and that her family would persecute her. 7 Pursuant to the
decision, the author was required to leave Denmark within 15 days.
2.6 The Danish Immigration Service and the Refugee Appeals Board questioned the
author on why her mother had raised money for her flight out of the Russia n
Federation instead of using it to pay the ransom for her younger brother ’s release.
According to the author, her mother was aware of what a woman was exposed to when
arrested by authorities, and what could happen if she was arrested again, and therefore
considered it important to get her out of the country. The author indicates that she has
had limited contact with her mother since her departure, but that her mother has
informed her that she is still being sought and that the family still receives summons es
addressed to her.
2.7 The author explains that she has exhausted all domestic remedies, because the
decisions of the Board are final and cannot be appealed in court. The matter is not
being examined under another procedure of international investigatio n or settlement.
Complaint
3.1 The author claims that her deportation to the Russian Federation would violate
her rights under article 2 (c)–(f) and article 5 (a) of the Convention.
3.2 The author claims that her deportation would constitute a violatio n by the State
party of article 2 (c) and (d) of the Convention, given that she informed the Danish
authorities that the Chechen authorities regard her as someone who assists the
Chechen rebel movement, of which her cousin is a member. She refers to a repo rt
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19-05867
The decision contains the following statement: “it does not seem likely that your brother and
people in your village would have been aware that you had been subjected to a sexual assault.
You have explained that the people could figure it out because you were a woman and had been
detained for three days. We do not believe, however, that this can lead to a changed assessment,
as you have stated that the uncle at whose place you hid yourself did not know about the abuse in
any way”.
The decision contains the following statement: “it does not appear likely that the authorities
continue to be interested in you, when they simultane ously detained your cousin”.
The decision refers to the fact that the author “was not involved with the rebels and that she did
not cooperate with them or have knowledge of them, and that the authorities knew this, and that
she had a completely subordinate role when she allegedly examined her cousin, whom she by the
way was unable to help”.
In its decision, the Board notes that “it seems incredible that the applicant’s mother and both of
her uncles helped her, despite rumours of rape, while it was only her older brother who wanted to
kill her”.
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