CRPD/C/24/D/49/2018
6.4
The Committee refers to its jurisprudence in O.O.J. et al. v. Sweden10 and N.L. v.
Sweden,11 in which it noted that the removal by a State party of an individual to a jurisdiction
where he or she would risk facing violations of the Convention could, under certain
circumstances, engage the responsibility of the removing State under the Convention. The
Committee considers that the principle of non-refoulement imposes a duty on a State party
to refrain from removing a person from its territory when there is a real risk that the person
would be subjected to serious violations of Convention rights amounting to a risk of
irreparable harm, including but not limited to those enshrined in article 15 of the
Convention.12 The Committee therefore considers that the principle of extraterritorial effect
would not prevent it from examining the present communication under article 1 of the
Optional Protocol.
6.5
The Committee also notes the author’s argument that the State party has not specified
in what way the communication is insufficiently substantiated. However, the State party has
observed the absence of a well-known general risk in Afghanistan for persons with the
author’s type of disability. The Committee notes that the Swedish authorities considered that
the author’s claimed experience of mistreatment on the ground of his disability was vague
and not substantiated. Furthermore, it had been found that the author was unaware of why he
had been subjected to sexual abuse, that the events had occurred a long time ago and that he
would be able to evade any risk by relocating, given his history of gainful employment and
education. The Committee considers moreover that the author has provided no concrete
reasons that allow for the conclusion that his removal to Afghanistan would amount to a
violation of his rights under the Convention because of his health status. In this connection,
the Committee also notes that the medical certificate in support of the author’s claims, in
particular the need to address his post-traumatic stress disorder symptoms or regarding his
suicidal thoughts, was submitted by the author only in the context of the present
communication but had not previously been brought to the attention of the competent
domestic authorities.
6.6
Overall, the Committee notes the author’s disagreement with the domestic assessment
made but considers that he has not provided any concrete reasons for considering that the
competent authorities’ assessment, including with respect to the alleged risk arising out of
his disability, alleged difficulties in finding work, need for health care, Hazara ethnicity, nonmarital birth and lack of social network and the claimed consequences of the length of his
residence in Sweden, was arbitrary or amounted to a denial of justice. Accordingly, and in
the absence of any other element of pertinence on file, the Committee considers that the
communication is inadmissible as insufficiently substantiated under article 2 (e) of the
Optional Protocol.
C.
Conclusion
7.
The Committee therefore decides:
(a)
Protocol;
That the communication is inadmissible under article 2 (e) of the Optional
(b)
That the present decision shall be transmitted to the State party and to the
author.
10
11
12
8
Ibid.
CRPD/C/23/D/60/2019, para. 6.4.
See also Human Rights Committee, general comment No. 31 (2004), para. 12.