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had started at the end of 2009, about one year after his return from Pakistan. On the same
occasion, he had declared that he had worked as an interpreter for one year and four or five
months. As regards the period of his employment, he had reported that he had worked as an
interpreter from 2010 to 5 May 2011.
4.12 During his asylum interview conducted by the Danish immigration service on
13 January 2012, the author had stated that he had applied for a job with Mission Essential
Personnel around the beginning of January 2010 and that he had worked there until his
departure at the beginning of July 2011, without resigning from his position at any time.
4.13 During his hearing before the refugee appeals board on 23 January 2013, the author
stated that his employment with Mission Essential Personnel had started in 2010, that he
had acted as an interpreter at a meeting between M.W. and A.M.W. in June 2011, and that
he had gone on vacation to Kandahar in June 2011 after receiving a threat from A.M.W.
The vacation had been ordered by Mission Essential Personnel as interpreters were ordered
to go on vacation after three months’ employment. However, the letter of recommendation
from J.S. indicates that the author had worked as an interpreter for international security
forces from 1 May 2010 to 31 May 2011.
4.14 In the author’s request for reopening of proceedings on 23 October 2014, he stated
that he had worked for Mission Essential Personnel between 2010 and May 2011. However,
the author did not return after his vacation in June 2011.
4.15 During his asylum interview conducted by the Danish immigration service on
13 January 2012, the author made three different statements on the date on which he had
become aware of the arrest of A.M.W. Following an overall assessment, the refugee
appeals board determined that the author had failed to provide a credible statement on his
grounds for asylum and that he had failed to render probable that, if returned to
Afghanistan, he would be at a real risk of persecution or abuse falling within section 7 of
the Aliens Act.
4.16 The State party observes that the author’s allegations before the Committee are
largely identical to those presented in his request for reopening of proceedings submitted to
the refugee appeals board on 23 October 2014.
4.17 According to the State party, the author has failed to establish a prima facie case for
the purpose of his communication under article 7 of the Covenant. It has not been
established that there are substantial grounds for believing that he would be in danger of
being subjected to torture or to other cruel, inhuman or degrading treatment or punishment
if returned to Afghanistan.
4.18 With respect to his allegations concerning article 19 of the Covenant, the State party
observes that the author is seeking to apply the obligations with regard to that article in an
extraterritorial manner, as his claims do not rest on any treatment that he has suffered in
Denmark or in an area where Danish authorities are in effective control or owing to the
conduct of Danish authorities. Accordingly, the State party submits that the Committee
lacks jurisdiction over this alleged violation in respect of Denmark and that this part of the
communication is thus inadmissible ratione loci and ratione materiae, and is incompatible
with the provisions of the Covenant.
4.19 Should the Committee find the author’s communication admissible, the Government
submits that the author has not sufficiently established that it would constitute a violation of
article 7 of the Covenant to return him to Afghanistan, on account of his lack of credibility
with respect to several crucial elements of his asylum application.
4.20 The State party further refers to reports included as background information
available to the refugee appeals board and forming the basis of its decision, including the
UNHCR International Protection Needs of Asylum Seekers from Afghanistan and the 2012
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