CCPR/C/125/D/2373/2014
written material, and took into account the material forwarded by the author’s counsel when
making its decision. However, the Board considered that there was no basis for granting the
author a residence permit under section 7 of the Aliens Act as the author’s Christian
persuasion could not be deemed genuine. The author had stated to the Board that he had
sought out the church in Greece for food and peace, that when he came to Denmark, a year
or so had passed during which time the author had not actively sought information about
Christianity or tried to get to church, and that he only established contact with a pastor two
weeks before the Board hearing. The State party observes that the author’s letter of 26
February 2014 to the Committee contained a certificate of baptism stating that the author
had been baptized on 23 February 2014 in the Pentecostal Church of Rudkøbing. The Board
considered the author’s Christian activities in its decision of 11 February 2014; the State
party submits that a certificate of baptism dated 12 days after the Board’s decision cannot
lead to a different assessment. It should be noted on this point that the author was baptized
and had a certificate of baptism issued three days before he brought his complaint before
the Committee and one month before his scheduled forcible return. The author also stated at
the Board hearing on 11 February 2014 that, at a meeting between the author and his
counsel prior to the Board hearing, his counsel had phoned a Christian acquaintance who
had contacts with refugees and had asked him to contact a third individual and to send the
author a link to a website attesting that the author had established contact with a Danish
church through his counsel. Moreover, in its decision of 11 February 2014, the Board was
not able to establish it as a fact that people in the area of the author’s home town had
become aware that he had gone to church in Greece. The author has also stated that he did
not understand what was said in the church in Greece. Furthermore, at the date of the Board
hearing, the author did not understand what pastors in Denmark were saying. Nine or ten
days prior to the Board hearing, he had received a Bible in Farsi, which he had studied. He
also admitted that he had been able to communicate only with few persons because he knew
only a little Farsi, and that he was able to read Farsi, but had problems understanding some
expressions and concepts.
4.11 According to the information available, the author was baptized 12 days after the
Refugee Appeals Board hearing, at a time when the author had merely been in contact with
a Danish pastor for slightly under one month, when he did not understand what was being
said in the Danish churches and when he had attempted to study a Bible not written in his
native language. The State party further observes that the author’s alleged new faith has not
been demonstrated in external activities other than his baptism on 23 February 2014, and
that he admitted to the Immigration Service and the Board that his relationship with
Christianity was very personal and secret. Moreover, the author went missing after the
Board hearing; the Danish police therefore recorded an alert in respect of the author in the
criminal register on 30 April 2014. The author was still not to be found and remained in
hiding from the Danish authorities at that point. In view of the timing of events and the
general circumstances of the case, the State party considers that the author has failed to
substantiate his alleged conversion to Christianity as genuine. 9 Finally, the State party
observes that, in the European Court of Human Rights judgment of 8 July 2014 in M.E. v.
Denmark (application No. 58363/10), the Court expressed its opinion on the examination of
a similar case by the Danish asylum authorities, considering it to have complied with the
due process guarantees as the applicant had been represented by a lawyer, he had been
given the opportunity to submit written observations and documents, and his arguments had
been duly considered.
4.12 On the basis of the above, the State party submits that it will not constitute a
violation of article 6 or 7 of the Covenant to return the author to Afghanistan, and that he
will not risk any violation of his rights under article 18 of the Covenant as a consequence of
his alleged conversion to Christianity. In any circumstances, the State party cannot be held
9
The State party refers to “Afghanistan: Situasjonen for kristne og konvertitter”, a report published by
Landinfo on 4 September 2013 on “converts of convenience” (see pp. 19 and 22), indicating that
several sources have stated that, even if it becomes known in the country of origin that the relevant
person has indicated conversion as a ground for asylum in another country, this does not mean that
the person concerned will become vulnerable upon his or her return, since Afghans have great
understanding for compatriots who try everything to obtain a residence permit in Europe.
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