CCPR/C/126/D/2603/2015
author’s reference to the general situation of forced returnees in Afghanistan could not lead
to a different assessment of his case.
4.8
The State party informs the Committee that, following the Committee’s request for
interim measures, the Refugee Appeals Board suspended the time limit for the author’s
departure from Denmark until further notice. Based on all the above, the State party
requests that the Committee review its request for interim measures.
Author’s comments on the State party’s observations
5.1
On 10 March 2017 the author submitted comments on the State party’s observations,
claiming that there were substantial grounds for believing that he risked being subjected to
ill-treatment in violation of his rights under article 7 of the Covenant if he were deported to
Afghanistan.
5.2
In response to the State party’s statement that it has not been accepted as a fact that
the author’s father received yet another threatening letter after his departure, the author
submits that even if this claim remains disputed by the State party, this has no bearing on
the established facts that he received threatening letters from the Taliban and that he was
detained by the Taliban. He also disputes the State party’s assertion that he was not
identified by the Taliban since the two letters he received prior to his departure were
addressed to him personally. He also submits that even if his kidnapping was not
considered to be linked to the two threatening letters, the letters alone would prove that he
has been targeted by the Taliban due to his cooperation with the United States forces.
5.3
The author refers to the judgment of the European Court of Human Rights in J.K.
and others v. Sweden, and applying the findings of the Court 13 to his specific case he
submits that the fact that he was abducted by the Taliban provides a strong indication of a
future and real risk of ill-treatment. The burden of proof thus rests with the State party to
dispel any doubts about that risk. In addition, the account of events by the author is
consistent with information from reliable and objective sources about the general situation
in the country. As regards the judgment of the European Court of Human Rights in H. and
B. v. United Kingdom, cited by the State party, the author notes that the Court endorsed the
lack of credibility of the applicant, as had been established by the Government, and this was
a key factor in no violation being found in the particular case. In the present case, however,
most of the author’s statements have been accepted as facts and thus the cases are not
comparable.
5.4
The author also submits that he would not be able to relocate to any part of
Afghanistan due to risk of ill-treatment. Relying on the general country information, he
argues that the Taliban undertake targeted kidnappings of specific individuals and persons
suspected of working for the international forces.14 Therefore, suspicion that a person works
for the international forces is sufficient, even if Taliban intelligence has no certainty of the
identity or the employment of the person kidnapped.
5.5
In addition, the author recalls the various reports referred to in his initial submission
to substantiate his claim that working for the international military forces entails a high risk
of ill-treatment by the Taliban.
5.6
13
14
6
Lastly, the author requests the Committee to uphold its request for interim measures.
Judgment of 23 August 2016 (application No. 59166/12), para. 102: “The Court considers that the
fact of past ill-treatment provides a strong indication of a future, real risk of treatment contrary to
article 3, in cases in which an applicant has made a generally coherent and credible account of events
that is consistent with information from reliable and objective sources about the general situation in
the country at issue. In such circumstances, it will be for the Government to dispel any doubts about
that risk.”
Immigration and Refugee Board of Canada, “Afghanistan: Whether the Taliban has the capacity to
pursue individuals after they relocate to another region; their capacity to track individuals over the
long term; Taliban capacity to carry out targeted killings (2012–January 2016), 15 February 2016;
and European Asylum Support Office, Country of Origin Information Report – Afghanistan: Security
Situation, November 2016.