CCPR/C/133/D/2458/2014 Advance unedited version
they refused to help him. By denying his requests, the Board effectively barred him from
proving his need for protection in Denmark.
3.3
The author further claims, that his right to a fair trial has been violated in a
discriminatory manner, since he is an asylum seeker. In other than asylum cases, the right to
hear a witness is granted under the Danish law. This situation has amounted to a violation of
articles 2 and 26, in conjunction with article 14 of the Covenant.
3.4
The author feels offended by the State party’s allegation that he is not a true Christian.
The Board inter alia observed as strange that the author started to write and post Christian
material on the internet. If he could remain in Denmark, he would be baptised on 31 August
2014, as intended. For the last couple of days, he has been attending a Christian summer
camp and he hopes to continue to practice his new religion. If he were deported to
Afghanistan, he would not be able to practice as a Christian, he will face persecution and risk
to be killed or tortured because he is considered as a ‘mortard’. The author’s deportation
would result in a violation of his right to change his religion, and a threat to his life and wellbeing.
State party’s observations on the admissibility and the merits
4.1
On 10 March 2015, the State party submitted its observations on the admissibility and
the merits of the communication.
4.2
It recalls that the author has complained that the State party will breach its obligations
under articles 6 and 7 of the Covenant by returning him to Afghanistan and that articles 2,
13, 14 and 26 of the Covenant have been violated in connection with the consideration of his
asylum application by the Danish authorities.
4.3
The State party submits that the communication should be declared inadmissible, or
without merits.
4.4
As regards the principal facts, the Danish Immigration Service (DIS) refused asylum
to the author on 30 April 2014. On 16 July 2014, the Refugee Appeals Board (Board) upheld
the refusal by the DIS. On 31 July 2014, the author brought the case before the Committee,
which was transmitted to the State party for observations on 9 September 2014. By letter of
22 September 2014, the author requested the Board to reopen the asylum proceedings. On 25
November 2014, the author was notified that his request to reopen the asylum proceedings in
his case had been refused. The request for reopening was motivated by the author’s activities
on a weblog, in which the author appeared by name and photo together with a person named
E.A., who had been granted asylum as his claims were substantiated and his conversion was
deemed genuine. The Board found no basis for reopening the case, nor any basis for
extending the time limit for the author’s departure. In this regard, the Board considered that
no substantial new information or views had been submitted, beyond the information
available at the original hearing. On 8 August 2014, the author failed to report at the
Sandholm Accommodation Centre, an asylum facility. As a result, the place of residence was
registered as unknown. On 26 February 2015, the Danish Police confirmed that this was still
the case.
4.5
The full account of the author’s statements during the asylum proceedings has been
reflected in the Board’s decision of 16 July 2014 (annex 1). The Board, inter alia, could not
accept the author’s statements on his asylum motives and the costs of his departure from
Afghanistan and considered them as fabricated and escalating. Based on the response from
Combined Team Uruzgan to the request of the Danish Ministry of Foreign Affairs, the Board
found as facts that the letters of recommendation produced by the author in support of his
statement of having worked as an interpreter for the Australian forces in Afghanistan were
fraudulent as no interpreter named M.N. had been employed in the periods stated, and that
the persons who had signed the documents did not know the author, and had not been
employed in the periods stated in the documents. Further, there was a spelling mistake on the
ID card produced by the author in support of his statement of having worked at the camp. In
addition, contrary to the author’s statement, the Australian authorities indicated that
discarded uniforms and boots had not been given away in boxes to the interpreters employed.
The Board also considered peculiar that the author left the country without his wife, who
refused to divorce him, and that the family did not experience other problems as a result of
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