CCPR/C/121/D/2612/2015
Egypt should not consider his support for the Muslim Brotherhood separately, but in
conjunction with his situation as a draft evader who strongly opposes President Al-Sisi. The
author also submits that the human rights situation and the prison conditions in Egypt have
continued deteriorating.8
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with article 93 of its rules of procedure, whether the communication
is admissible under the Optional Protocol.
6.2
As required under article 5 (2) (a) of the Optional Protocol, the Committee has
ascertained that the same matter is not being examined under another procedure of
international investigation or settlement.
6.3
The Committee notes the author’s claim that he has exhausted all effective domestic
remedies available to him. In the absence of any objection by the State party in that
connection, the Committee considers that the requirements of article 5 (2) (b) of the
Optional Protocol have been met.
6.4
The Committee notes the State party’s challenge to the admissibility of the
communication on the ground that the author’s claim under article 7 of the Covenant is
unsubstantiated. The Committee however considers that the author has raised numerous
risk factors, which, cumulatively, sufficiently substantiated his claims for the purposes of
admissibility. Accordingly, the Committee declares the communication admissible and
proceeds with its consideration of the merits.
Consideration of the merits
7.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, in accordance with article 5 (1) of the Optional Protocol.
7.2
The Committee notes the author’s allegations that his deportation to Egypt by the
State party would constitute a violation of article 7 of the Covenant since he will be
considered a repeat draft evader in his country of origin. He will therefore be subjected to a
disproportionate sentence of at least seven years’ imprisonment under severe prison
conditions and ill-treatment. The Committee also notes the State party’s arguments that the
Danish Immigration Service and the Refugee Appeals Board thoroughly reviewed the
allegations and documentation contained in the author’s communication and concluded that
he was not in need of asylum or international protection.
7.3
The Committee recalls its general comment No. 31, 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
of irreparable harm such as that contemplated by articles 6 and 7 of the Covenant. 9 The
Committee has indicated in its jurisprudence that the risk must be personal 10 and that there
is a high threshold for providing substantial grounds to establish that a real risk of
irreparable harm exists. 11 Thus, all relevant facts and circumstances must be considered,
including the general human rights situation in the author’s country of origin. 12 The
8
9
10
11
12
8
The author refers to Amnesty International Report 2015/16 — Egypt; 2017 Human Rights Watch,
World Report 2017 — Egypt; and Cairo Institute for Human Rights Studies, Annual Report 2016.
See the Committee’s general comment No. 31 (2004) on the nature of the general legal obligation
imposed on States parties to the Covenant, para. 12.
See communications No. 2007/2010, X v. Denmark, Views adopted on 26 March 2014, para. 9.2; No.
282/2005, S.P.A. v. Canada, decision adopted on 7 November 2006; No. 333/2007, T.I. v. Canada,
decision adopted on 15 November 2010; No. 344/2008, A.M.A. v. Switzerland, decision adopted on
12 November 2010; and No. 692/1996, A.R.J. v. Australia, Views adopted on 28 July 1997, para. 6.6.
See communications No. 2007/2010, X v. Denmark, para. 9.2; and No. 1833/2008, X. v. Sweden,
Views adopted on 1 November 2011, para. 5.18.
Ibid.