CCPR/C/117/D/2469/2014
that the author’s brother-in-law had been killed by terrorists because of the author, the
author reiterates his previous statement and attaches the original police report in the Dari
language, as well as Danish and English translations. He further refers to page 35 of the
UNHCR report entitled “Beyond proof: Credibility Assessment in European Union Asylum
Systems”,9 which states that a finding of implausibility must be based on reasonably drawn
objectively justifiable inferences, and that the examiner should not speculate on how events
could have or should have unfolded or how the applicant or a third party ought to have
behaved. The author notes that, in any event, whether or not his brother-in-law was killed
because of the author’s conflict with A.M.W. is not the key issue in the case. It is
impossible for the author or the Kandahar police to establish and fully document the
circumstances of the killing of the author’s brother-in-law. However, it cannot be excluded
that he was killed as an act of retaliation for the author’s work as an interpreter. The most
important element is the question of the risk faced by the author upon return.
5.3
Concerning the issue of dates, the author recalls that he worked with the Afghan
police from the beginning of 2009 until the beginning of 2010. He was later employed by
Mission Essential Personnel, which establishes contracts between interpreters and
companies, in this case the United States and international security forces. In other words,
the author was employed with Mission Essential Personnel but on contract with the United
States and international security forces from the beginning of 2010 until May 2011.
5.4
The author worked in three different teams: first in Laghman camp, then after
six months he joined a team at the Qalat police headquarters, under the leadership of J.S.,
and finally after a further two months the author was informed that he should interpret for
the intelligence service, under M.W.
5.5
The State party has relied on the refugee appeals board’s decision of 2 March 2015
to challenge the author’s credibility with respect to dates. In particular, it has referred to a
letter of recommendation from J.S., which stated that the author had worked as an
interpreter for international security forces at Qalat police headquarters in Zabul from
1 July 2010 to 31 May 2011. The board also relied on the author’s interview of 13 January
2012 before the Danish immigration service, during which the author claimed he had
started working for the intelligence service around March 2011 and therefore then no longer
worked with J.S.
5.6
The author submits that he correctly asserted before the Danish immigration service
that he had started working for the intelligence service around March 2011. He did not
mention that he no longer worked with J.S., and that was simply the conclusion of the
refugee appeals board. In fact, J.S. was the head officer of all troops at the Qalat police
headquarters in Zabul, including the intelligence service. The author worked under different
supervisors, but worked at Qalat police headquarters from July 2010 until May 2011.
5.7
The undated letter of recommendation from J.S., which states that the author worked
for international security forces from 1 July 2010 to 31 May 2011, was written as a
recommendation letter to the interpreters who needed one when applying for a special
immigrant visa to the United States. It is not meant to provide an employment record with
precise start and end dates. The letter was probably a standard one, in which J.S. only
changed names and regiments for each interpreter in need of a recommendation letter.
5.8
The author also includes a letter of recommendation dated 29 January 2015, drafted
by J.A., which states that J.A had been the author’s immediate supervisor from 15 July
2010 to 20 May 2011, during which time the author had worked as his “trusted and
personal linguist in Police headquarters” while J.A served with the Afghan National Police
9
8
Available from www.refworld.org/docid/519b1fb54.html.