Female circumcision 'torture'

2004-04-02 14:30

San Francisco - A federal appeals court ordered an asylum case reopened for a Nigerian woman facing deportation who says that the female genital mutilation done to her in her homeland constitutes torture.

The 9th US Circuit Court of Appeals on Thursday ordered the Board of Immigration Appeals to reconsider the case of Eunice Azanor, who came to the United States in 1991.

Azanor's lawyers say her case qualifies under the Torture Convention, which defines torture as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person" by "a public official or any other person acting in an official capacity".

Although Azanor married an American citizen in 1998 and gave birth to a son, her marriage occurred long after immigration officials began pursuing her deportation in 1995.

The board denied a previous motion filed by Azanor in 1999, saying her application was filed too late and failed to demonstrate that Azanor would be subjected to physical or mental harm while under the custody of a Nigerian public official.

But Azanor's attorney, Kim Pedersen, argues that the board erred in requiring Azanor to demonstrate a threat posed to her by public officials instead of by private parties, including the members of her community who locked her in a room and performed female genital mutilation on her in 1979.

Pregnant at the time

Azanor, who was born and raised as a member of the minority Urobho tribe in Kanduna, Nigeria, was pregnant with her first daughter when female relatives of her boyfriend locked her in a room and performed the procedure under unsanitary conditions. No anaesthetic was used.

"I've been through enough torture," said Azanor, now 43. "I'm terrified. I've suffered traumatic effects. I don't want my second daughter to have this happen to her."

The procedure involves removing part or all of the clitoris so as to reduce or eliminate sexual pleasure. Anaesthetic is rarely used and some women die from the procedure.

"While the physical act has already done harm to her, we have a declaration from a doctor to show the continuing infliction of torture," said Pedersen, who added that her client continues to combat depression, physical pain and medical problems. "She suffered the medical, psychological, emotional and sexual effects of this."

The second issue at hand, Pedersen said, is the risk Azanor faces "if her daughter comes with her and is left defenceless," Pedersen said.

Azanor says her daughter, Effemeh Files, born in the United States in 1995, would be subjected to female genital mutilation by Nigerian neighbours or relatives if she returned to the country with her mother, and with no father to protect her.

Approximately 60% of Nigeria's female population is subjected to female genital mutilation, according to the World Health Organisation.

- SAPA