CCPR/C/115/D/2366/2014
of irreparable harm such as that contemplated by articles 6 and 7 of the Covenant. 19 The
Committee has also indicated that the risk must be personal 20 and that there is a high
threshold for providing substantial grounds to establish that a real risk of irreparable harm
exists. Thus, all relevant facts and circumstances must be considered, including the general
human rights situation in the author’s country of origin.21 The Committee recalls that it is
generally for the organs of States parties to examine the facts and evidence of the case in
order to determine whether such a risk exists, unless it can be established that the
assessment was arbitrary or amounted to a manifest error or denial of justice. 22
9.4
While noting the reports cited by the author concerning serious human rights
violations against journalists in Bangladesh, especially those who report on corruption and
other politically sensitive matters, the Committee observes that the author’s claims were
thoroughly examined by the State party’s authorities in the context of his refugee claim and
Pre-Removal Risk Assessment application. The Refugee Protection Division found that
while the author may have worked as an investigative journalist in Bangladesh, he had not
substantiated his claims concerning alleged attacks and threats directed towards him
personally; that he had not shown he would be of interest today to the Bangladeshi police or
to individuals working for the Awami League; that the evidence he tendered to substantiate
his claims did not have sufficient probative value; 23 and that while he submitted material
referring in general terms to human rights violations encountered by journalists in
Bangladesh, he did not provide any material indicating that he would be personally
targeted.
9.5
The Committee further notes that although the author contests the Refugee
Protection Division’s finding as to the risk of harm he faces in Bangladesh, he has not
attempted to refute any of the specific credibility concerns raised by the Division or the PreRemoval Risk Assessment Office concerning the documentation he provided or his
testimony before the domestic authorities.24 In this regard, the Committee observes that the
author has not explained why the name of the author of the article published in The Daily
Kaler Kontho that he provides to show that he is at risk is different from his own name, or
how he would be identified as the author of such articles if he were returned to Bangladesh.
The Committee also takes note that the author has not commented on the observations of
the Refugee Protection Division and the Pre-Removal Risk Assessment Office that he had
stated that the co-author of the Daily Kaler Kontho article, who is still in Bangladesh, has
not experienced any problems with the police there. While the author asserts that he did not
have a fair opportunity to contest the merits of the Division’s decision before the Federal
Court, he does not specify the basis of his application for leave for judicial review and does
not comment on the State party’s observation that such applications are granted where there
is a “fairly arguable case” or “a serious question to be determined”. Accordingly, the
Committee considers that the author has not identified any irregularity in the decisionmaking process or any risk factor that the State party’s authorities failed to take properly
into account. The Committee considers that while the author disagrees with the factual
conclusions of the State party’s authorities, he has not shown that they were arbitrary or
manifestly erroneous, or amounted to a denial of justice. In the light of the above, the
19
20
21
22
23
24
14
See general comment No. 31 (2004) on the nature of the general legal obligation imposed on States
parties to the Covenant, para. 12.
See, inter alia, K v. Denmark, para. 7.3; communication No. 2272/2013, P.T. v. Denmark, Views
adopted on 1 April 2015, para. 7.2; X v. Denmark, para. 9.2.
See X v. Denmark, para. 9.2; communication No. 1833/2008, X v. Sweden, Views adopted on 1
November 2011, para. 5.18.
See, inter alia, K v. Denmark, para. 7.4.
See paras. 4.4-4.9 above.
See paras. 4.4, 4.5, 4.7 and 4.8 above.