CCPR/C/112/D/2186/2012
representative of the Danish Immigration Service. The Board decision will normally be
served on the asylum seeker immediately after the Board hearing, and, at the same time, the
chairman of the hearing will briefly explain the reasons for the decision. Decisions of the
Refugee Appeals Board are based on an individual and specific assessment of the relevant
case. The asylum seeker’s statements regarding the motive for seeking asylum are assessed
in the light of all relevant evidence, including what is known about conditions in the
country of origin (background information).
Authors’ comments on the State party’s submission
5.1
On 2 May 2013, the authors submitted their comments on the State party’s
submission. The authors assert that, during the interview with the Danish Immigration
Service, they had a feeling of being under suspicion for not telling the truth about the case.
Regarding the discrepancy of the authors’ statement about the visit by Wahhabi militants in
April 2006, the authors explained that Mr. X did present the case in detail but not in strict
chronological order and that there were errors in the summary of the interview minutes. The
authors submit that there was a problem with the form and quality of the interviews as well
as the qualifications of interpreters. The authors question the lack of educational
requirement for the interpreters used by the Immigration Service and the Refugee Appeals
Board as well as the absence of audio-recording of interviews. Moreover, the authors
consider that the information given at the different interviews and hearing supplement each
other and do not contradict. The authors dispute the State party’s position that the cases of
Mr. X’s mother and brothers, who have been granted asylum in Denmark and France, were
of no direct significance to the authors’ case in terms of time and content.
5.2
Regarding the alleged violation of articles 14 and 26 of the Covenant, the authors
point out that an appeal to the ordinary courts is excluded by the Aliens Act and that that is
the only act in Denmark where decisions by a quasi-judicial board cannot be appealed to an
ordinary court.
5.3
The authors emphasize that Mr. X’s mother and two younger brothers have already
been granted asylum based on the killings of his father by the militants; that his other
brother and sister-in-law have also been granted asylum following the killings of their son
by the militants; and that the Danish authorities have already accepted as fact that the
militants approached Mr. X in 1999 and 2003, making threats and subjecting him to severe
beatings. The authors consider that the rejection of the asylum claim by the Refugee
Appeals Board was based upon an irrational and erroneous evaluation of the credibility of
statements by the authors, in particular with regard to the last approach by the militants in
2006. The authors reiterate that the police in the Russian Federation would not be able to
protect them.
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a communication, the Human Rights
Committee must, in accordance with rule 93 of its rules of procedure, decide whether or not
the case is admissible under the Optional Protocol to the Covenant.
6.2
The Committee has ascertained, as required under article 5, paragraph 2 (a), of the
Optional Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
6.3
The Committee notes the authors’ claim that the decisions of the Refugee Board are
the only ones that become final without a possibility of being appealed to courts and that
the State party thus violates articles 14 and 26 of the Covenant. In that regard, the
9