Advance unedited version CCPR/C/133/D/2458/2014
according to the author, had thorough knowledge of his Christian life and could prove his sur
place claim based on his conversion, the State party observes that it is the responsibility of
the Board to ensure that all facts have been brought out before a decision is made. The Board
has the possibility to examine witnesses. In the present case, the Board found, however, that
all facts of the case had been brought out as, in addition to the statement given by the author
himself and to his counsel’s brief, the Board had also received a letter from pastor Per
Bohlbro, dated 7 March 2014, and a written statement also from Per Bohlbro, dated 10 July
2014, both of which had been appended to the counsel’s brief of 11 July 2014 on the author’s
participation in Christian activities. Accordingly, it was found that all facts of the case had
been brought out as far as this issue was concerned.
4.14 As regards the author’s observation that the refusal by the Board to hear the IMS, the
author’s alleged former employer, supports the claim of violation of articles 2 and 26, the
State party observes that the author has stated that he was employed by the IMS and that he
was offered a job with Combined Team Uruzgan (CTU), which he exercised for 18 months.
Against that background, the Danish Immigration Service requested the Ministry of Foreign
Affairs to seek specific information about the author’s employment with the CTU as an
interpreter for the Australian Forces at Camp Holland, as the author had stated that he had
worked for this firm and the Australian forces, which had allegedly signed the two letters of
recommendation. As appears from the letter from the Ministry of Foreign Affairs dated 10
February 2014, the CTU and the Australian military forces could not confirm the author’s
employment, and they were confident that the letters of recommendation provided by the
author were fraudulent. The author did not appear on the CTU ‘roll book’ for that period, the
persons who had signed the letters of recommendation had advised that they had not provided
the letters and had never met the author, and the dates listed in the letters did not align with
the deployment dates of the named force element groups. 22 Furthermore, there was a spelling
mistake in the ID card produced by the author as the name of the camp was indicated to be
‘Camp Holand’. Accordingly, the Board found that there was no basis for adjourning the
proceedings pending a statement from the IMS on the author’s employment. Against this
background, the State party submits that articles 2 and 26 of the Covenant were not violated
in connection with the consideration of the author’s asylum case by the Danish authorities.
Author’s comments on the State party’s observations
5.1
On 19 November 2018, the author’s counsel submitted that, since no interim measures
were granted, the author was deported by the Danish authorities to Afghanistan in February
2017.
5.2
Nonetheless, the author has submitted that, after a dangerous time in Afghanistan as
a devoted Christian, he was able to flee again. The counsel has been able to establish contact
with the author and has learned that the author was registered as a refugee in Turkey.
Although the author has enjoyed some form of protection, he fears expulsion from Turkey to
his country of origin. Consequently, the author still requests the Committee to assess this
case with regard to his deportation from Denmark to Afghanistan, whether this was a
violation of the Covenant.
5.3
A reference is made to the Committee’s decision in Khazem Hossini v. Denmark,23
whose author was allowed to stay in Denmark due to interim measures request. In that case,
the author’s asylum procedure was reopened on 8 November 2018, and the Board decided to
grant Mr. Hossini asylum in Denmark because he was in need of protection due to his
conversion to Christianity. In view of the counsel, the two cases bear some similarities.
5.4
Firstly, both men were fleeing from their countries of origin, they were baptized as
Christians during their stay in Denmark, and they were open about their new faith and were
devoted Christians. The author of the present case served in Afghanistan as a translator for
the foreign military (Australia), and as a translator in the Danish Church for a great number
of Christians. Consequently, he has been a known person amongst the Afghan diaspora in
Denmark. Furthermore, he expressed his faith publicly on the internet (Facebook), which is
22
23
The letter from the Ministry of Foreign Affairs of 10 February 2014 is appended (annex 3).
Communication no. 2423/2014 (CCPR/C/123/D/2423/2014), paras. 8.6 and 8.7.
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