CEDAW/C/62/D/53/2013
them and the attacks occurred directly after she began working at the beauty salon,
not after the wedding.
9.3 The Committee further notes the nature and seriousness of the attack by three
men at the author’s house in July 2009, during the course of which she suffered
severe burns that resulted in her being admitted to hospital for seven to eight months;
the attack against the beauty salon where the author was employed; and the shooting
incident in March 2010 by unknown men on motorbikes, which could have resulted in
serious injuries to the author and her son. The Committee is of the view that the
nature and circumstances of those attacks all indicate that they were targeted at the
author and were therefore “personal”. The Committee also considers that the inability
of the author to provide precise information on the exact identity of the persons
responsible for the three attacks did not compromise her credibility and therefore
considers that the denial of her asylum application by the State party was manifestly
arbitrary. Even if the attacks had not been instigated by the parents of the author’s
husband, as “assumed” by the author, she was still at risk of being subjected to other
serious harm and had a well-founded fear of further acts of gender-based violence. In
that connection, the Committee recalls its general recommendation No. 32, according
to which States parties should take into account that the threshold for accepting
asylum applications should be measured not against the probability, but against the
reasonable likelihood that the claimant has a well-founded fear of persecution or that
she would be exposed to persecution upon her return.
9.4 The Committee has given due consideration to the State party’s submission
that the author did not sufficiently substantiate her claim that the Pak istani
authorities would be unable to provide her with the protection necessary to obviate
the alleged risk. The Committee also notes the author’s submission that she did not
go to the police because she was in hospital recovering from severe burns and tha t
she did not dare to do so after she was released because she had been informed by
her neighbours that, notwithstanding the fact that they had reported the severe
attacks to the police, the police had refused to investigate because they considered
her to be a prostitute. The Committee has given due consideration to the
unchallenged submission by the author that she did not complain to the police. In
that regard, the Committee recalls that, in line with paragraph 29 of its general
recommendation No. 32, “as a matter of international law, the authorities of the
country of origin are primarily responsible for providing protection to the citizens,
including ensuring that women enjoy their rights under the Convention, and that it is
only when such protection is not available that international protection is invoked to
protect the basic human rights that are seriously at risk”. In the present case, the
Committee is of the view that the fact that the author did not seek the protection of
the State or make a complaint to the authorities before her departure from Pakistan
should not have prejudiced her asylum claim, especially taking into account the
level of tolerance towards violence against women and the pattern of failure in
responding to women’s complaints of abuse, which are reflected in the information
provided by the author and make it unrealistic to require the author to have sought
protection in advance of her flight.
9.5 The Committee also considers that the State party gave no due consideration to
the fact that the author was an illiterate ethnic Punjabi of Christian faith with no
family support, living in a village in Pakistan away from her husband and being
treated as a “prostitute” by society at large, including the police. In that connection,
the Committee recalls the UNHCR eligibility guidelines for assessing the
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