CERD/C/112/D/74/2021
engagement in political activities within or outside his or her State of origin; evidence as to
the credibility of the petitioner; and the general veracity of his or her allegations. 37
7.5
The Committee notes that, according to the petitioners, country-of-origin information
indicates that in North Macedonia, perpetrators of violence against women and Roma persons
often go unpunished and the State party refers in its assessment to general facts that do not
reflect their personal situation. The Committee also notes the State party’s argument that
North Macedonia is considered a safe State within the meaning of article 6a (2) (a) of the
Asylum Act, that in 2023 this was confirmed by the Federal Council and that, furthermore,
North Macedonia is included in the European Commission’s list of safe States, which means
that it meets applicable criteria regarding the existence of stable institutions guaranteeing
democracy, the rule of law, human rights and respect for and protection of minorities. The
Committee observes that the petitioners have not demonstrated the existence of a situation of
systematic violations of human rights, including those of ethnic minorities, in North
Macedonia.
7.6
The Committee notes the State party’s argument that the petitioners have provided no
evidence that they approached the North Macedonian authorities to obtain adequate
protection against the alleged violations. It notes that the petitioners have admitted that they
have no documentary evidence of the violence and threats to which they were subjected. In
these circumstances, the Committee is not in a position to conclude that the petitioners have
demonstrated that they have suffered violence in the past, which could justify a possible
protection measure under the Convention.
7.7
With regard to the violation of article 5 (e) (iv) of the Convention, the Committee
notes the petitioners’ allegation that G.I. was raped in North Macedonia by unknown persons
apparently closely connected to the Democratic Party for Macedonian National Unity. As a
result of the rape, she attempted suicide both in North Macedonia and in Switzerland and
developed a tendency towards self-harm, with doctors detecting signs of post-traumatic stress
disorder.
7.8
The Committee also notes that the State party highlights contradictions regarding the
timing of G.I.’s alleged suicide attempt and the reasons for it. It further observes that the
petitioners do not contest the contradictions concerning the periods in which G.I. attempted
suicide, or the presence or absence of her children at the time of her rape and suicide attempt,
but retort that these contradictions in no way detract from the veracity of their allegations
concerning G.I.’s rape. The Committee further notes that the petitioners indicate that G.I. is
not seeking to avoid deportation to North Macedonia to benefit from better care in
Switzerland but doubt the possibility of their obtaining in North Macedonia the care she needs,
as persons of Roma ethnicity and because of their poverty.
7.9
The Committee recalls that it is up to the petitioners to present an arguable case – that
is, submit substantiated arguments showing that the risk of their right to security and physical
safety being seriously violated because of their ethnic or racial origin is foreseeable, personal,
present and real. The Committee recalls that it is not its responsibility to review findings
regarding the facts in a case unless it is possible to prove that the decisions of the national
courts were clearly arbitrary. 38 The Committee notes that the petitioners had ample
opportunity to provide the national authorities, namely the State Secretariat for Migration
and the Federal Administrative Court, with supporting evidence and more information about
their claims.
8.
Acting under article 14 (7) (a) of the Convention, the Committee is of the view, in the
light of the material in the case file, that the facts before it do not disclose a violation of any
of the provisions of the Convention.
9.
Notwithstanding the conclusion reached in the present case, the Committee notes the
guarantee provided by the State party that the petitioners may apply for a re-examination of
the first-instance decision to order their expulsion if the enforcement of that decision might
37
38
12
Committee against Torture, general comment No. 4 (2017), para. 49.
Torregrosa Lafuente et al. v. Spain (CCPR/C/72/D/866/1999) para. 6.2, and Hart v. Australia
(CCPR/C/70/D/947/2000), para. 4.3.
GE.24-07887