Facts of the case

Findings related to FoRB

She submits the communication on her behalf and on behalf of her minor child. She claims that the State party would violate her rights under articles 6 and 7 of the International Covenant on Civil and Political Rights were she to be deported to Nigeria. She also claims that her rights under articles 2, 18, 26 and 27, read in conjunction with articles 3, 6,7, 13 and 14 of the Covenant, would be violated by the State party.

 

The author moved from Nigeria to Denmark with a resident permit with the help of Mr. P.B. Thereafter, she was raped and forced to work as a sex worker by the said Mr. P.B. in order to pay the debt of the gaining of resident permit. However, it was later revealed that she did not have legitimate documentation for the said move and was therefore a victim of human trafficking. Thereafter, she filed for asylum. This application was rejected as the place of residence was unknown. 

 

Holding/Decision

In  accordance  with  article  2(3) (a)  of  the  Covenant, the  State  party  is  under  an obligation to provide Osayi Omo-Amenaghawon, the author of the present communication, with  an  effective  remedy,  including  full  reconsideration  of her claim  regarding  the  risk  of treatment  contrary  to  articles  6  and7of  the  International  Covenant  on  Civil  and  Political Rights should  she  be  returned  to Nigeria, taking into account the State party’s obligations under the Covenant and the Committee’s present Views. 

 

The State party is also requested to refrain from expelling the author and her minor child to Nigeria while her request for asylum is being reconsidered. The State party should also review its policy of not granting special consideration to requests for asylum from victims  of  human  trafficking  who cooperate with its law enforcement authorities