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Highlights of the determination I heard evidence from two witnesses the first being Cristel Amiss of the Black Women's Rape Action Project. In essence she spoke to her report of 12 November 1998. She is of the view that the appellant is suffering from rape trauma syndrome and she believes that the appellant could not survive if returned to the Cote d'Ivoire particularly in the knowledge that her assailant would not be brought to trial. Miss Amiss appears to believe that the appellant would be unlikely to recover from the rape trauma syndrome without the resources and counselling that she has here. I then heard evidence from the appellant. . . . [S]he joined FESCI in 1982 because everyone was required to and in 1990 became involved with FESCI. Her husband was already a member and the appellant took part in her first meetings in November 1990. In February 1991 a meeting was held which was interrupted by loubards supported by the military and the police. The appellant ran away but was hit on the shoulder. The appellant described the events of May 1991 when a march took place. The appellant was beaten but managed to escape. On the evening of that day the appellant and her husband were attacked by the military and loubards They were beaten and the appellant was raped. They could not go to hospital because the military and loubards were guarding the main hospitals and they were frightened of arrest. The appellant stayed with her mother in Abidjan at her cousin's house. She returned to the Yopougon campus on 24 May 1991 to participate in a march which called for the resignation of the Minister of Education but was again disrupted by the military and loubards That was the last march the appellant attended as her mother insisted that she rest in an attempt to convalesce. . . . Mr Fraser in submission conceded that the appellant may have been raped but submits that that is not persecution. He suggested it would have been carried out by rogue elements of the military and that there is no indication that the authorities would support that. . . . The appellant left on a passport in her own identity without any difficulties and on the objective evidence Mr Fraser suggested that this appellant has no reason to have any fear were she to be returned. He suggested that her claim lacks credibility and urges me to dismiss this appeal. Miss
Bruce in submission reminds me that the appellant has been a FESCI member
since 1990 and was involved in six months of intense political
involvement. There is evidence of past persecution including rape. The
rape took place during an orchestrated attempt by the government to
disrupt the activities of the students. The appellant was not the only
woman to be raped. There is no suggestion that it was simply rogue
elements of the military but rather that this was an orchestrated and
deliberate attack. Her husband was arrested. Months later soldiers came
looking for him. He may have escaped and if so his wife, the appellant, is
at greater risk as she would be known as the wife of a FESCI activist. . .
. Reference is also made to the letter from UNHCR, pages 9 to 10 of Bundle 3 relating to victims of sexual violence. The appellant has suffered past persecution as a result of political involvement. . . . The same government is in power and its human rights record remains poor. Miss Bruce suggests that if the appellant were to be rounded up on return because of her suffering from rape trauma syndrome this would amount to persecution. In short she urges me to allow this appeal. There is significant evidence before me which suggests that superficially the problems of FESCI and the FPI for that matter have been addressed. The ban on FESCI has been lifted as has the boycott on classes. . . . The government has agreed a fresh peace deal with the students but whilst there has been a call for the government to open up the opposition, and cosmetically that has happened, it seems that there has been little real change. . . . the US State Department Report of 1998 makes disturbing reading. Despite the fact that there has been an improvement in the human rights record of the government, it remains poor. It is clear that members of the security forces committed extra judicial killings and beat and abused detainees and also used force to disperse protesters. There are credible reports that female prisoners are raped whilst in custody. Despite the somewhat rosy picture painted of the situation by the respondent, I do not believe that that is entirely borne out by the documentary evidence produced. Given the past record of the Cote d'lvoire it seems to me to be somewhat early to say that a FESCI supporter who has been brutally raped by the authorities and whose husband may still be wanted by the authorities would not be at risk were she to be returned. . . . Given what has happened to her in the past, I believe that if she were rounded up again that may in itself amount to persecution as is suggested by Miss Bruce. . . . I believe that the appellant has made out her case and as empowered by Section 19 (1) of the Immigration Act 1971 I allow this appeal.
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