CCPR/C/125/D/2439/2014
the circumstances of the case, the behaviour and activities of the asylum seeker in
connection with, or to justify, his or her conversion, such as attending a church, being
baptised or participating in proselytizing activities, could have serious adverse
consequences in the country of origin so as to put him or her at risk of irreparable harm. 43
8.6
In the present case, the Committee observes that it is uncontested that the author was
baptised on 16 December 2012 and participates in church activities. However, the Board
observed that he had almost no knowledge of the Christian faith. The Board also considered
that the author had failed to establish that his conversion was genuine, on the basis of his
general credibility and of inconsistencies in his statements about the moment when he
decided to become a Christian and about his involvement in church activities. The Board
also took note of the author’s statement that only his friend and possibly a couple of other
persons in Denmark knew about his conversion. Thus, the State party considers that there is
no risk that the Iranian authorities will become aware of the author’s conversion if he enters
the Islamic Republic of Iran without a valid passport because his conversion is not genuine.
8.7
With respect to the other allegations brought by the author, the Committee observes
that the Danish authorities have analysed the summonses and the judgments allegedly
handed down by the Iranian courts and expressed reservations as to their authenticity,
considering that the convictions alleged by the author had been fabricated. The Danish
authorities have equally analysed the photos uploaded by the author on his Facebook
account and the photos taken during his participation in some demonstrations in front of the
Iranian Embassy in Copenhagen, but considered that the author had failed to demonstrate
that he had become a person of interest for the Iranian authorities following those actions
and events.
8.8
The Committee further notes that, although the author contests the assessment and
findings of the Danish authorities as to the risk of harm he faces in the Islamic Republic of
Iran, he has not presented any evidence to substantiate his allegations under article 7 of the
Covenant. The Committee also considers that the information at its disposal demonstrates
that the State party took into account all the elements available when evaluating the risk
faced by the author and that the author has not identified any irregularity in the decisionmaking process. The Committee further considers that, while the author disagrees with the
factual conclusions of the State party authorities and with their decision not to reopen his
case, he has not shown that the decision of 25 November 2014 was arbitrary or manifestly
erroneous or that it amounted to a denial of justice. Consequently, the Committee considers
that the evidence and circumstances invoked by the author have not adduced sufficient
grounds for demonstrating that he would run a real and personal risk of being subjected to
treatment contrary to article 7 of the Covenant. In view thereof, the Committee is not able
to conclude that the information before it shows that the author’s rights under article 7 of
the Covenant would be violated if he were removed to the Islamic Republic of Iran.
9.
The Human Rights Committee, acting under article 5 (4) of the Optional Protocol, is
of the view that the facts before it do not permit it to conclude that the author’s expulsion to
the Islamic Republic of Iran would, if implemented, violate his rights under article 7 of the
Covenant.
43
S.A.H. v. Denmark (CCPR/C/121/D/2419/2014), para. 11.8.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents