" I am in danger. If I go back to Afghanistan, I risk reprisals. My uncle will kill me. Fariha, 19, reportedly fled the Kandahar region to escape a forced marriage. But on Monday, the young woman, currently detained at the administrative detention center (CRA) of Mesnil-Amelot (Seine-et-Marne), almost got sent back to her country, Le Parisien learned from the aid association to La Cimade migrants, confirming information revealed by the specialized site InfoMigrants.
"I am able to confirm that a flight to Kabul was scheduled for her on Monday. It was canceled at the last moment, probably because she was able to file an asylum request on Friday "with the Ofpra (French Office for the Protection of Refugees and Stateless Persons), says David Rohi, responsible for detention at Cimade , with the Parisian.
Her uncle wanted to marry her by force
According to her account, collected by InfoMigrants, Fariha fled eight months ago Kandahar, a particularly dangerous region of Afghanistan, because her uncle, a Taliban, wanted to force marry her to her son. Thanks to the help of her own father, the girl would have initially joined Iran. It was there that she allegedly met her current spouse, also an Afghan.
The latter was able to reach Germany, where he obtained his political refugee status. But without Fariha, who was unable to obtain false German papers. It is in Greece that the young woman went, via Turkey, with a false French passport. There, she flew to Paris on January 1.
But when she got off the plane, at Roissy-Charles-de-Gaulle airport, the young woman was refused entry to the territory and was placed in the waiting zone (Zapi). Fariha, who does not speak a word of French, does not deem it useful to file an asylum request, because she plans to join her spouse in Germany.
An unprecedented case, according to Cimade
A week later, she refuses to board a plane supposed to send her back to Greece, under the Dublin agreements. Which is a crime, punishable by three years in prison. Fariha is therefore placed in police custody on January 7, before being the subject of a recall to the law by judicial police officer, specifies a judicial source to us.
The Bobigny prefecture, responsible for this file, then notifies Fariha of an obligation to leave the territory (OQTF) bound for Kabul and transfers it, on January 8, to the CRA of Mesnil-Amelot. An unprecedented case, according to Cimade. "To our knowledge, this is the first time that France has attempted to return an isolated woman to a risky area of Afghanistan. The prefecture should have carefully examined his individual situation, ”denounces David Rohi.
According to an Afghan ministerial source contacted by InfoMigrants, a single woman is particularly exposed because it is "very fragile" in Afghan society. However, according to a European cooperation agreement ratified by France in 2019, member states are required to take into account the situations of so-called vulnerable people - such as women or unaccompanied minors - during an expulsion procedure to a dangerous country. A dismissal which would risk exposing a person to serious violations of their rights is also prohibited under the European Convention on Human Rights.
An asylum application
"This procedure seems to me in the nails in administrative law, but in total violation of international texts," said Me Baptiste de Monval, lawyer at the Paris bar in foreign law. Little aware of her rights, Fariha did not contest the legality of her removal order before the administrative court. Without the help of Cimade, which enabled her to file an asylum application at the last minute - and therefore to suspend the expulsion procedure - the young woman would already be in Kabul.
Newsletter - The essentials of the newsEvery morning, the news seen by Le Parisien
Your email address is collected by Le Parisien to allow you to receive our news and commercial offers. Find out more
Pending the Ofpra's response, after an interview on Tuesday, Fariha saw "extremely badly" her detention, ratified on January 8 by a liberty and detention judge (JLD). “She is terrified of the idea of an expulsion to Kabul, testifies David Rohi. While she should be protected, she suffers an additional trauma ”, he denounces again. Neither the prefecture of Seine-Saint-Denis, nor the Ministry of the Interior responded to our multiple requests.
According to immigration statistics released Tuesday by the Interior Ministry, asylum applications rose 7.3% last year (with 132,614 applications filed) and evictions jumped 19%, with 23,746 forced removals. The year 2019 also saw a significant increase (+ 9.5%) in the number of people who obtained asylum, with 36,512 files accepted compared to 33,330 the previous year.