CCPR/C/117/D/2469/2014
that it would constitute a violation of article 7 of the Covenant to return the author to
Afghanistan.
Author’s additional comments
7.1
On 28 April 2016, the author submitted that the State party relied solely on a
correspondence dated 12 June 2012, received by the Danish Ministry of Foreign Affairs
from Mission Essential Personnel, which stated that the author had worked from April 2010
to 1 May 2011, and that he had resigned from his position for family reasons.
7.2
In August 2015, the author’s counsel contacted Mission Essential Personnel, which
confirmed that the author had never formally given the company his formal resignation, but
had only orally given the “point of contact” of his resignation, which was then notified to
Mission Essential Personnel.11
7.3
The author adds that he had left his job and Afghanistan without informing anyone.
During his interview with the Danish immigration service on 11 July 2012, he stated that an
Afghan colleague of his, the head of interpreting, might have stated that the author had
resigned for family reasons, so as not to jeopardize his possible resumption of duties, and
that this reason had later been retained as the official reason for his resignation. The fact
that the author resigned and left the country without telling anyone is further confirmed in
an e-mail sent to the author by M.W., dated 15 January 2013, which states: “since you had
your vacation in June, you disappeared”.12
7.4
The author agrees that there are discrepancies in dates: in the letter from J.S., it is
stated that the author acted as an interpreter for international security forces at Qalat police
headquarters in Zabul from 1 July 2010 to 31 May 2011; in the consultation response of
12 June from Mission Essential Personnel, received by the Danish Ministry of Foreign
Affairs, the author is reported to have worked from April 2010 to 1 May 2011; finally, in
the letter produced by S.B. — the author’s legal counsel in the United States — received
from J.A., it appears that J.A was the author’s supervisor from 15 July 2010 to 20 May
2011. Consequently, according to the author, such discrepancies support the fact that there
is no precise date for his resignation, as there was no official resignation.
7.5
However, the author notes that the main reason for the rejection of his claims is
precisely the discrepancies in the dates for his resignation, although the refugee appeals
board accepted for a fact that the author acted as interpreter for the United States forces in
Afghanistan. The author reiterates that, by upholding the denial of his asylum claim, the
State party has put at great risk his right to life and his right not to be exposed to acts of
torture or other degrading treatment if he were returned to Afghanistan.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claims contained in a communication, the Human Rights
Committee must, in accordance with rule 93 of its rules of procedure, decide whether or not
it is admissible under the Optional Protocol to the Covenant.
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. The Committee notes that it is undisputed that the
11
12
10
The author annexes the relevant e-mail exchange his counsel had with Mission Essential Personnel in
this respect between 13 and 19 August 2015.
The author annexes this exchange.