CCPR/C/125/D/2373/2014
responsible for violations of the author’s rights under article 18 that may be committed by
another State party outside the territory and jurisdiction of Denmark.
Author’s additional information and comments on the State party’s observations
5.1
On 30 July 2015, the author informed the Committee that his deportation was
scheduled for 2 August 2015. On 3 August 2015, the author’s counsel submitted that the
author had been deported to Kabul on 2 August 2015. The counsel reiterated the request for
interim measures, as there might be ways of bringing him back through private channels.
5.2
On 2 October 2015, the author submitted comments on the State party’s
observations, claiming that the communication should be declared admissible, that articles
6, 7 and 18 of the Covenant had been violated by the State party’s decision to return the
author to Afghanistan, and that the Committee’s decision pursuant to rule 92 of its rules of
procedure, on interim measures, should be reconsidered because the author was now in
imminent danger in Afghanistan.
5.3
Although the author finds the accounts by the Immigration Service to be generally
correct, the decision by the Immigration Service in regard to his age has been disputed by
the author, who maintains that he was born on 1 January 1996.
5.4
Since the submission of the initial communication, the following events took place:
On 9 July 2015, the author was arrested on his way to a church summer camp and was
detained for deportation. His counsel was advised that his deportation was planned for 10
August 2015. On 30 July 2015, the author’s counsel wrote an email to the Committee
asking for urgent reconsideration of its decision not to issue a request for interim measures,
attaching a deportation order from the police, who had apparently brought forward the
deportation so that it would take place on Sunday, 2 August 2015. On 2 August 2015, one
of the author’s Christian friends who was also a Red Cross volunteer, together with the
counsel, visited the author for the last time in the Ellebæk deportation centre; he was given
consolation and the Christian sacrament. On 12 August 2015, Red Cross volunteer Jens
Kennet and priest Susanne Krog wrote an admonition on the matter to the Danish asylum
authorities, which is attached to the author’s comments of 2 October 2015 (annex 5). On 1
October 2015, the author’s main priest, Susanne Krog, wrote an update to her letter of
attestation of 25 July 2015 (annex 6). Those descriptions, together with the description from
the priest Helle Frimann Hansen (annex 3), give clear evidence of the author’s conversion
to Christianity. The priests Jens Kennet and Susanne Krog have had little contact with the
author since his removal to Kabul.
5.5
Concerning statements made by the author during the asylum proceedings, the
counsel refers to the parts of the Refugee Appeals Board’s decision that deal with the
author’s interest in Christianity during and since his stay in Greece. 10 While the author’s
statements to the asylum authorities have been duly recorded, the Board has not reflected
on the statements as recorded in the counsel’s brief to the Board of 5 February 2014 (annex
2). The Board decision (p. 13) only mentions that such a brief was submitted. The author
confirmed that his church activities in Greece were not motivated by a desire to obtain
asylum. Since the church was the only place that helped with shelter and food, this gave
him a favourable impression of Christianity. As he did not speak the language, he could not
develop his interest in Christianity, which continued in Denmark. The author wished to
learn more about Christianity during his stays at various asylum centres. After the interview
with the Immigration Service, the author succeeded in making contact with the guardian of
one of his friends, named Adam Johnson, who referred him to some Christian websites.
5.6
Requested to clarify what he meant by his rejection of Islam, the author stated that
he abhorred the kind of Islam he had experienced in Afghanistan, which was an expression
of coercion, and which did not spare children such as the author. Asked whether he would
pray in the mosque following his removal, the author responded that he would not,
regardless of whether he was granted asylum or not. The author continued: “They say that
they are Muslims, but I detest their actions; they killed my father and they raped me.” The
author added that after his family had fled to Pakistan, they had received information about
10
6
Decision of 11 February 2014, pp. 5–9.