CCPR/C/121/D/2471/2014
Author’s comments on the State party’s observations on the merits
7.1
On 27 January 2017, the author submitted his comments on the State party’s
observations. He informed the Committee that, on 20 October 2014, he submitted an
asylum application to the President of Belarus based on the possibility of persecution on
religious grounds following his conversion to Christianity. In November 2014, the author’s
17-year-old son was diagnosed with an oncological disease. Because of this, the author was
released from detention on humanitarian grounds on 16 January 2015, pending
consideration of his asylum application. On 27 February 2015, the presidential commission
on citizenship rejected his application.
7.2
On 5 January 2015, the author filed an appeal against the expulsion decision with the
Zavodskoy District Court in Minsk. The Court rejected his appeal on 22 April 2015. The
author filed a cassation appeal with the Minsk City Court on 22 May 2015. The Court
rejected the cassation appeal on an unspecified date.
7.3
On 22 July 2015, the author filed a second asylum application with the Department
of Citizenship and Migration, indicating conversion to Christianity as the main ground for
seeking international protection.2 On 17 May 2016, the Department rejected his request.
The author appealed to the Central District Court in Minsk. The Court rejected his appeal
on 4 June 2016. The author submitted a cassation appeal to the Minsk City Court on 6 July
2016, which was rejected on 15 September 2016.
7.4
On 23 September 2016, the author received notification of the renewal of the
expulsion order issued in his regard. He is currently living under the threat of detention and
expulsion to the Islamic Republic of Iran.
7.5
The author claims that his son’s medical condition entails a high level of parental
care and substantial financial costs. Expulsion in these circumstances would violate the
right to family life of the author and his wife and son.
7.6
In his submission, the author raises a new claim under article 18 of the Covenant,
read alone and in conjunction with articles 6, 7, and 14 (1) and (2). He claims that he
converted to Christianity in 2002. He attends church with his family and celebrates
Christian festivities. At a hearing before the Central District Court in Minsk on 1 July 2016,
a pastor, S.K., testified that, in 2002, he had accepted the author into the Christian faith and
now considers him a profound believer in the Christian religion. The author alleges that the
Iranian authorities are aware of his conversion, a fact confirmed by statements and letters
from the Iranian embassy and by the mass media. Conversion to Christianity is a capital
offence in the Islamic Republic of Iran. In case of expulsion, he will face the threat of
torture and death without a fair trial.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether the communication is
admissible under the Optional Protocol.
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.
8.3
With regard to the author’s claim of a violation of article 9 of the Covenant, the
Committee notes that the author has not brought the issue of arbitrary detention before the
domestic courts. Accordingly, the Committee declares this part of the communication
inadmissible under article 5 (2) (b) of the Optional Protocol.
2
The State party’s submission and that of the author give different dates of submission for the second
asylum application. Since neither party submitted a copy of the application, it is impossible to clarify
the date.
5