Human trafficking victim

Concerning O.O.A. and her child vs. Denmark for violation of articles 2, 3, 6, 7, 13, 14, 18, 26 and 27, of the International Covenant on Civil and Political Rights.

The author is a Nigerian national born in 1990. From she was 17 years old, she lived on the street in Lagos with other homeless people. In September 2009, she met a married couple, Mr. P.B. and Ms. B.O. They offered to help her, and brought her to Denmark to work as an au-pair for Mr. P.B and Ms B.O. The author states that after her arrival, she was raped by the husband, who also threatened to kill her if she told his wife about the rape. After a month, she was told by Ms. B.O. that she would not be an au-pair, but prostitute to repay them, since she owed them €50,000 for bringing her to Denmark. She was then forced to work as a prostitute in different brothels in Jutland. On 17 August 2010, the author reported Ms. B.O. and Mr. P.B. to the police in Silkeborg, Denmark. They were prosecuted and detained. During the criminal proceedings, the author appeared as a witness against them. Around September or October 2010, she received a telephone call from Mr. P.B.’s brother, who lived in Nigeria. He told her that she would be killed if she came back to Nigeria. After that, she decided to change her telephone number to avoid receiving further threats.

The author claims that if she returned to Nigeria, she would be at risk of being killed and tortured in violation of articles 6 and 7 of the Covenant. Furthermore, she submits that the State party is obliged to provide full protection to her as a witness and a person who reported a case of human trafficking.

The Human Rights Committee is of the view that the deportation of the author to Nigeria would violate her rights under articles 6 and 7 of the International Covenant on Civil and Political Rights.

7. January 2021

CCPR 2288/2013
  • Decision: 23 July 2015
  • Comm: Human Rights