Extramarital relationship and blood revenge

Concerning R.M. and F.M. vs. Denmark for violation of article 6, 7, 17 and 23 of CCPR. The authors are Afghan nationals and have two minor children. They fled Afghanistan after having had sexual relations outside marriage, which resulted in F.M. becoming pregnant. When she was 3 months pregnant, F.M. was engaged to her uncle’s friend against her will. After they fled, her family threatened his family, and it ended with her cousin killed R.M’s brother because he had helped the authors to escape. The couple entered Denmark in 2012. F.M. fears being stoned to death by her uncle or her fiancé and R.M. fears being subjected to blood revenge.

However, the Danish Immigration Service and the Refugee Appeals Board rejected the authors asylum application. It deemed the authors explanations on certain points to be divergent and implausible. The Committee is of the view that the authors removal to Afghanistan would violate their rights under articles 6 and 7 of the Covenant, and notes that the Board failed to adequately assess whether the authors extramarital relationship could have serious adverse consequences in the country of origin so as to put them at risk of irreparable harm. Thus, the Board reopened the case, but decided not to grant the authors residence permit.

6. May 2024

CCPR 2685/2015
  • Decision: 24 July 2019
  • Comm: Human Rights