CCPR/C/126/D/2603/2015
9.7
The Committee recalls the jurisprudence of the European Court of Human Rights
which held in H. and B. v. United Kingdom that the applicant’s former employment as an
interpreter for the United States could not solely demonstrate that the applicant would be at
risk in his country of origin, but rather the individual circumstances of his case, the nature
of his connections and his profile should also be examined. On the other hand, the
Committee also refers to J.K. and others v. Sweden, which established that past illtreatment provided a strong indication of a future, real risk of ill-treatment in cases in which
a generally coherent and credible account of events had been presented by the asylum
seeker that was consistent with the available country information. In such circumstances,
the Court held that it was for the Government to dispel any doubts about that risk. The
Committee recalls that the Court held that the requirement that an asylum seeker be able to
show the existence of individual risk apart from the general perils in the country of
destination is, however, less strict, for example, where he or she is a member of a
vulnerable group exposed to systematic ill-treatment.22
9.8
The Committee also recalls the latest UNHCR Eligibility Guidelines for Assessing
the International Protection Needs of Asylum Seekers from Afghanistan, which establish
that civilians associated with or perceived as supportive of the international military forces
fall into a risk profile and may therefore be in need of international refugee protection. 23
9.9
In the present case, the Committee notes that even though in its decision of 9 March
2015 the Board found most of the author’s allegations to be not credible except for his
assertion that he had worked for the international forces for five years, in its decision of 18
April 2016 the Board reassessed the author’s statements and accepted substantial elements
of them as being facts. It follows that it is not the non-credibility of the author, but rather
the issue of to what extent the incidents that have been accepted as facts – particularly in
light of the author’s failure to establish the link between his activity in the international
forces and his kidnapping – are capable of showing that the author would face a real and
personal risk of irreparable harm upon his forcible return.
9.10 The Committee recalls that States parties should give sufficient weight to the real
and personal risk that a person faces if deported, and considers that it was incumbent upon
the State party to undertake an individualized assessment of the risk that the author would
face as someone who had previously collaborated with the international forces. The
Committee considers that against the background of the Board accepting that the author had
provided a generally coherent and credible account of events, including the reference to the
threatening letters from the Taliban as well as to his abduction and detention by the Taliban
for four months, these incidents of past ill-treatment provide a strong indication of a future,
real and personal risk of persecution contrary to article 7 of the Covenant. The fact that the
author’s account of events is consistent with information from reliable and objective
sources about the general situation in Afghanistan, especially those concerning individuals
belonging to a targeted group, render such indication even stronger.
9.11 The Committee is mindful of the State party’s main argument that the Board found
that the author’s detention was not connected to his work for the United States forces and
that he had not been identified during his capture. In this context, the Committee notes,
however, that the fact that the author was not identified by the Taliban during his detention
does not rule out that his abduction was linked to his work for the international forces or
that he would be captured again by the Taliban upon his return, which assumption
reasonably follows from the previous threats he had received and which were accepted as
facts by the Board. Hence, the Committee is of the view that considering the overall
22
23
10
personal circumstances, such as his former position fighting drug-related crimes and his cooperation
with several foreign agencies in that capacity, together with the threats he had received, even though
these had not been found credible by the domestic courts, disclosed a real risk of ill-treatment
contrary to article 7 of the Covenant.
European Court of Human Rights, H. and B. v. United Kingdom (applications Nos. 70073/10 and
44539/11), decision of 9 April 2013, para. 100, and J.K. and others v. Sweden (application No.
59166/12), decision of 23 August 2016, paras. 102–103.
UNHCR, UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum
Seekers from Afghanistan, 30 August 2018 (HCR/EG/AFG/18/02), available at
www.refworld.org/docid/5b8900109.html.