CCPR/C/115/D/2366/2014
of their rights to liberty or security of the person, their freedom of opinion and expression
or their right to equality in the receiving State.8 The State party further considers that any
alleged risk to the author’s security of the person under article 9 (1) can be considered as
part of the assessment of his complaint in relation to article 6 (1). It also considers that the
author has not clearly articulated how his removal to Bangladesh would violate the State
party’s obligations under articles 9 (1), 19 or 26 of the Covenant; he presumably contends,
with respect to article 9 (1), that he would face a risk of arbitrary arrest or detention in
Bangladesh. The author has not alleged that the State party has subjected him to arbitrary
arrest or detention. In fact, the author has never been detained in Canada during the course
of his immigration proceedings.
4.3
Moreover, the State party considers that the communication is inadmissible as being
manifestly unfounded for three reasons. First, with regard to the negative credibility
findings of the State party’s authorities, it is not the Committee’s role to review credibility
assessments made by domestic decision makers. The author’s allegations before the
Committee are based on the same facts and evidence that were presented to the Refugee
Protection Division and the Federal Court and that have been filed before the Pre-Removal
Risk Assessment officer. The Division rejected the author’s narrative of feared persecution
on two grounds: credibility issues and the Division’s appreciation of the totality of the
evidence submitted in support of the claim for protection. The Division reasoned that
although it believed that the author was a journalist in Bangladesh who may have written
one article condemning Awami League members and co-written one article condemning
police corruption, the salient question was whether he was persecuted or targeted as a result
of his work as a journalist in Bangladesh. Despite the Division’s determination that the
author lacked credibility, it nevertheless fully considered the objective documentary
evidence he submitted concerning his alleged situation as a journalist who had published
incriminatory articles in Bangladesh.
4.4
Notably, the Refugee Protection Division did not find it credible that the author
could be persecuted by the Bangladeshi police because, when prompted at the hearing to
identify the incidents related to his fear, he failed to mention the 14 October incident he had
referred to in his Personal Information Form, which the Division considered to be the sole
incident in support of his claim that he feared the police. 9 The Division determined that it
was reasonable to expect that the author should have recalled this single incident related to
his fear of the police; his failure to remember it adversely affected the credibility of his
allegations. Moreover, when asked by the Division about his colleague A, with whom the
author co-wrote an article on police corruption and with whom the author claims he had
spoken a few times since being in Canada, including about a month prior to the Division
hearing, the author categorically indicated that A was still working for the same newspaper
and had not had any incidents with the police. The Division was concerned about this
discrepancy, since it was not credible that A, a fellow journalist in essentially the same
situation as the author in the context of allegations of justifiable fear of the police, had had
no problems with the police. When questioned further about why A would not have been
subjected to the same treatment from the police as the author, the latter adjusted his
testimony to first say that A was no longer working for the crime department of the
newspaper, only to later change his testimony again and say that the police had sought out
8
9
The State party considers, however, that any alleged risk to the author’s security of the person under
article 9 (1) of the Covenant can be considered as part of the assessment of his complaint in relation
to articles 6 (1) and 7.
The State party further notes that on the form for his claim for protection as a refugee, which he
signed on 23 November 2011, the author stated that he has been “sought by the police” but that he has
never “been arrested” or “been detained by the police”.
7