CEDAW/C/73/D/94/2015 Background 1.1 The author is A.N.A., a Somali national born in 1988. She sought asylum in Denmark, her application was rejected and she risks deportation to Somalia. She claims that, if Denmark proceeds with her deportation, it would violate articles 3 , 5 and 16 (b) of the Convention. The Convention and the Optional Protocol thereto entered into force for the State party on 21 May 1983 and 22 December 2000, respectively. The author is represented by counsel, Rabih Azad -Ahmed. 1.2 In her initial submission, the author asked the Committee to request Denmark to halt her deportation. On 16 September 2015, when registering the communication, the Committee asked Denmark not to deport her, pending the consideration of her case. On 25 September 2015, the Refugee Appeals Board of Denmark suspended the author’s deportation. Facts as submitted by the author 2.1 The author is a Somali citizen from Masagaway, in the Galguduud region of central Somalia. She is married with three children. In July 2014, a member of Al-Shabaab asked her father to allow her to marry him, but the father refused; the request was repeated on several occasions. Owing to her father ’s refusal, the family was persecuted. On one occasion, when the author returned from the village ma rket, a member of Al-Shabaab tried to forcibly take her away from her father. The author managed to escape but, when she returned later, she learned that her father had been murdered. 2.2 Al-Shabaab members returned 10 days after her father’s murder. While the author was not at home, her husband, mother-in-law and children were there. The members took the author’s husband away. When she returned, it became clear to her that she would need to flee with her husband and children or risk either being killed or forcibly married. 2.3 The author sought asylum in Denmark in August 2014. 1 Her first asylum claim was rejected by the Immigration Service of Denmark, and she was informed of the refusal in a letter dated 21 July 2015. The decision was confirmed by the Ref ugee Appeals Board on 4 September 2015. The rejection by the authorities was based on credibility issues. The Board found that it seemed unlikely that Al -Shabaab would wait until six years 2 after the author’s marriage to visit her and that the author seemed to have provided diverging versions of the rationale behind the Al -Shabaab members’ visits and was evasive about the circumstances surrounding her father ’s death, failing to reveal whether she or anyone else was present when it happened. The authorities also doubted that she had lived her whole life in central Somalia and therefore whether she was actually from Masagaway. In addition, they doubted that the author was being truthful, given that she seemed to be evasive with regard to the rationale for Al-Shabaab representatives coming to see her after her father ’s death. 2.4 The author highlights that Denmark has an agreement with the Somali authorities regarding the obligation of Somalia to take back its own citizens, notwithstanding objections from the United Nations regarding forced returns to southern and central Somalia, which are still under the influence of military war and fighting by the terrorist group. It is not verified whether author ’s area of origin has been liberated, and the Refugee Appeals Board may have overlooked the possibility that the region is still under the influence of the terror group. __________________ 1 2 2/11 No information was provided on how the author had arrived in Denmark. According to the documents on file, Al-Shabaab took control of the region following a major civil war around 2007. 19-15435

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