CCPR/C/126/D/2603/2015
facts, together with the available country information, 16 are sufficient to establish that he
risks persecution upon his return and thus the assessment of the domestic courts amounts to
a denial of justice.
From the State party
7.2
On 3 October 2017, the State party added that the Refugee Appeals Board was
familiar with the documents invoked by the author and they had formed part of the general
background information on Afghanistan. The documents invoked by the author did not
constitute additional information that would require reassessment of the case. Therefore, the
State party maintains its position that the communication should be declared inadmissible,
or 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.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with article 97 of its rules of procedure, whether the communication
is admissible under the Optional Protocol.
8.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
8.3
The Committee notes that on 1 December 2015 the Refugee Appeals Board decided
to reopen the author’s case, however on 18 April 2016 the same Board upheld the decision
to reject the author’s request for asylum. Since the decisions of the Board cannot be
appealed, no further remedies are available to the author. The Committee observes that the
State party has not objected to the admissibility of the communication under article 5 (2) (b)
of the Optional Protocol. Accordingly, the Committee considers that the requirements of
article 5 (2) (b) of the Optional Protocol have been met.
8.4
Finally, the Committee notes the State party’s challenge to admissibility on the
grounds that the author’s claim under article 7 of the Covenant is unsubstantiated. However,
the Committee considers that, for the purposes of admissibility, the author has adequately
explained the reasons why he fears that his forcible return to Afghanistan would result in a
risk of treatment contrary to article 7 of the Covenant. Therefore, the Committee declares
the communication admissible insofar as it raises issues under article 7, and proceeds to its
consideration of the merits.
Consideration of the merits
9.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, as required under article 5 (1) of the Optional Protocol.
9.2
The Committee notes the author’s claim that, if returned to Afghanistan, he would
risk being subjected to ill-treatment by the Taliban on the one hand for having worked for
five years as a soldier for the Afghan and United States forces and on the other hand for his
presumed affiliation with the Taliban by the Afghan authorities. He claims that prior to his
departure he received two threatening letters from the Taliban because of his work, and
after having received the first letter his car was shot at in an attempt to kill him. He claims
that he was abducted by the Taliban and was detained for four months during which he was
16
8
In addition to the reports cited in his previous submissions, the author also relies on the following
reports: “Afghanistan: Taliban’s intelligence and the intimidation campaign” by the Norwegian
Country of Origin Information Centre, dated 23 August 2017, available at
www.landinfo.no/asset/3590/1/3590_1.pdf; “Afghanistan: Taliban’s organization and structure” by
the Norwegian Country of Origin Information Centre, dated 23 August 2017, available at
www.landinfo.no/asset/3589/1/3589_1.pdf; and “Rättsligt ställningstagande angående säkerhetsläget i
Afghanistan”, Migrationsverket, dated 29 August 2017, available at
www.ecoi.net/en/file/local/1408296/1226_1505138361_170829550.pdf.