CCPR/C/127/D/2654/2015
matter is not being examined under another international procedure of international
investigation or settlement.
7.3
The Committee notes the author’s claim that he has exhausted all 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.
7.4
The Committee notes the author’s claim under articles 13 and 26 of the Covenant
that he was unable to appeal the negative decision of the Refugee Appeals Board to a
judicial body and that he was discriminated against in the course of the asylum proceedings.
In that regard, the Committee refers to its jurisprudence, according to which article 13
offers asylum seekers some of the protection afforded under article 14 of the Covenant but
not the right of appeal to judicial bodies.17 The Committee further notes that the author has
not explained the basis of his claim under article 26 of the Covenant, that is, why he felt
that he had received discriminatory treatment during the procedure before the Board. The
Committee therefore concludes that the author has failed to sufficiently substantiate his
claims under articles 13 and 26 of the Covenant, and declares this part of the
communication inadmissible under article 2 of the Optional Protocol.
7.5
With regard to the author’s complaint about the alleged violation of articles 18 and
19 of the Covenant, the Committee notes the State party’s argument that the author’s claims
are insufficiently substantiated. It also notes the State party’s statement that the author’s
claims under articles 18 and 19 are inadmissible ratione loci and ratione materiae as
incompatible with the provisions of the Covenant since articles 18 and 19 do not have
extraterritorial application. The Committee observes that the author’s contentions are
indeed vague and very limited without advancing any specific arguments in support of his
claims. The Committee further recalls that article 2 of the Covenant entails an obligation for
States parties not to deport 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 in
articles 6 and 7 of the Covenant, in the country to which removal is to be effected.
Accordingly, the Committee considers that the author’s communication falls short of
substantiating how his rights under articles 18 and 19 would be violated by the State party
were he to be removed to Myanmar and how such removal would pose a substantial risk of
irreparable harm such as that contemplated under articles 6 and 7 of the Covenant. This part
of the communication is therefore inadmissible pursuant to article 2 of the Optional
Protocol.
7.6
The Committee notes the author’s claims that he would face torture or cruel,
inhuman or degrading treatment or punishment if removed to Myanmar, owing to his
Kachin ethnicity. He submits that Kachins are ordered to engage in forced labour by the
armed forces in his country of origin. The Committee also takes note of his assertion that,
should he be returned to Myanmar, he would be requested to provide information to the
border authorities about Kachin refugees’ activities abroad and that he would be subjected
to ill-treatment in case of resistance or non-compliance.
7.7
The Committee recalls paragraph 12 of 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 in articles 6 and 7 of the
Covenant.18 The Committee has also indicated that the risk must be personal and that there
is a high threshold for providing substantial grounds to establish that a real risk of
irreparable harm exists. 19 Thus, all relevant facts and circumstances must be considered,
including the general human rights situation in the author’s country of origin. 20 The
Committee recalls that it is generally for the organs of States parties to examine the facts
17
18
19
20
See, for example, D and E v. Denmark (CCPR/C/119/D/2293/2013), para. 6.8; A and B v. Denmark
(CCPR/C/117/D/2291/2013), para. 7.3; and X v. Denmark (CCPR/C/110/D/2007/2010), para. 8.5.
See also A v. Denmark (CCPR/C/116/D/2357/2014), para. 7.4.
See, for example, A and B v. Denmark, para. 8.3.
Ibid. See also X v. Norway (CCPR/C/115/D/2474/2014), para. 7.3; and X v. Canada
(CCPR/C/115/D/2366/2014), para. 9.3.
7