CCPR/C/117/D/2469/2014
author has exhausted all available domestic remedies, as required by article 5 (2) (b) of the
Optional Protocol.
8.3
The Committee takes note of the author’s claim that, as an interpreter, which implies
a manifestation of his right to freedom of expression, his rights under article 19 would be
breached if he was removed to Afghanistan. In that connection, the Committee notes that
the State party has argued that the author’s claim under article 19 is inadmissible ratione
loci and ratione materiae. The Committee recalls that article 2 of the Covenant imposes an
obligation upon States Parties not to deport a person from their territory where there are
substantial grounds for believing that there is a real risk of irreparable harm, such as that
contemplated by articles 6 and 7 of the Covenant, in the country to which removal is to be
effected.13 Accordingly, to the extent that the author’s allegations of a violation of article 19
rely on consequences that he would allegedly suffer if returned to Afghanistan, and that
article 19 does not have extraterritorial application, the Committee considers that this part
of the author’s complaint is incompatible ratione materiae with the provisions of the
Covenant and declares it inadmissible under article 3 of the Optional Protocol.
8.4
The Committee notes the State party’s argument that the author’s claims with
respect to article 7 of the Covenant should be held inadmissible owing to insufficient
substantiation, as the author “has failed to establish a prima facie case for the purpose of
admissibility of his communication”. At the same time, however, the Committee notes the
author’s detailed claims regarding the existing risks for him if deported to Afghanistan due
to his past work as an interpreter in favour of the United States forces in Afghanistan for
close to two years, including with United States intelligence. The Committee further notes
the author’s allegations that, because of his work with United States intelligence, he had a
conflict with a powerful local officer and entrepreneur affiliated with the Taliban, who may
be involved in the murder of his brother-in-law. The author has claimed that those elements
provide substantial grounds for believing that he would be in danger of being subjected to
torture or to cruel, inhuman or degrading treatment or punishment if returned to
Afghanistan. The Committee is therefore of the opinion that, for the purposes of
admissibility, the author has sufficiently substantiated his allegations under article 7 of the
Covenant.
8.5
In the light of the above, the Committee considers that the communication is
admissible, insofar as it raises issues under article 7 of the Covenant, and proceeds with its
examination on the merits.
Consideration of the merits
9.1
The Committee has considered the present 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 issue before the Committee is whether the removal of the author to Afghanistan
would amount to a violation by the State party of its obligations under article 7 of the
Covenant.
9.3
The Committee recalls its general comment No. 31 (2004) on the nature of the
general legal obligation imposed on States parties to the Covenant, in which it refers to the
obligation of States parties not to extradite, deport, expel or otherwise remove a person
from their territory when there are substantial grounds for believing that there is a real risk
13
See General comment No. 31 (2004) on the nature of the general legal obligation imposed on States
parties to the Covenant, para. 12.
11