CCPR/C/126/D/2603/2015
State party’s additional observations
6.1
On 28 July 2017 the State party submitted its additional observations on
admissibility and the merits, reiterating that the author’s claims had not been substantiated.
6.2
The State party upholds its observations of July 2016 and furthermore recalls the
Committee’s jurisprudence that important weight should be given to the assessments
conducted by the State party, unless it is found that the evaluation was clearly arbitrary or
amounted to a denial of justice, and that it is generally for the organs of States parties to the
Covenant to review or evaluate facts and evidence in order to determine whether such a risk
exists.15 The State party adds that the author has not explained why the decision by the
Refugee Appeals Board would be contrary to this standard.
6.3
Referring to the UNHCR Handbook and Guidelines on Procedures and Criteria for
Determining Refugee Status, the State party recalls that neither the author’s detention by the
Taliban nor the two threatening letters from the Taliban can independently lead to a finding
that that the author can be deemed to fall within the scope of section 7 of the Aliens Act.
The State party observes that the period of the author’s work for the Afghan security forces
and the United States forces ended more than four years ago, and that the author cannot be
deemed to be a high-profile individual in the eyes of either the Taliban or the Afghan
authorities.
6.4
As regards the judgment of the European Court of Human Rights in J.K. and others
v. Sweden, cited by the author, the State party submits that it differs considerably from the
case at hand, in which the author’s detention was not deemed to be connected to the threats
that he had received from the Taliban on account of his collaboration with United States
forces. The State party recalls the case at the European Court of Human Rights of H. and B.
v. United Kingdom, which, it submits, is more relevant to the case at hand, since, even if
certain parts of the application were declared inadmissible, the Court specifically
considered the general risk of persons who had previously collaborated with United States
forces.
6.5
The State party further notes that although the UNHCR background materials cited
by the author indeed refer to persons who have collaborated with international forces as
individuals belonging to a potential risk group, this reference cannot independently justify
the granting of residence to the author under section 7 of the Aliens Act. The State party
continues to argue that the decisive factor is whether, upon an assessment of the
information in the case at hand in conjunction with the current background information on
Afghanistan, the author would be at a specific and individual risk of persecution if returned
to Afghanistan.
6.6
Lastly, as the author failed to render it probable that he would risk specific and
individual persecution or abuse in case of his return to Afghanistan, the State party submits
that he will not be compelled to find an internal flight alternative, so the author’s arguments
in this regard are to be considered irrelevant.
6.7
The State party reiterates that the author’s claims are manifestly ill-founded and
hence inadmissible. Should the Committee find the communication admissible, the State
party maintains that it has not been established that there are substantial grounds for
believing that it would constitute a violation of article 7 of the Covenant to return the author
to Afghanistan.
Additional submissions by the parties
From the author
7.1
On 8 September 2017, the author reiterated that it had been established by the State
party that he had worked for several years for the Afghan security forces and the United
States forces. It had also been established and accepted as fact that the author had received
two letters from the Taliban because of his work. Therefore, the author contends that these
15
A.S.M. and R.A.H. v. Denmark (CCPR/C/117/D/2378/2014), paras. 8.3 and 8.6.
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