CRPD/C/24/D/49/2018
Committee to decide on the correctness of the application of domestic law. The State party
concludes that considerable weight must be attached to the opinions of its authorities.
4.15 The State party observes that the author has not plausibly demonstrated any threat
posed to him by his maternal family, despite several opportunities to explain his stated need
for protection. It argues that there is no reason to question this conclusion in a forwardlooking assessment.
4.16 The State party notes that the author has not substantiated why or how he would be at
risk due to his Hazara ethnicity. He stated before the Migration Agency that he had not
experienced any discrimination on that ground in Afghanistan.
4.17 The State party observes that the author does not know why he was sexually assaulted,
and that his contention that a continued risk against him cannot be excluded remained
unsubstantiated. The Migration Agency found that the events in question occurred many
years ago and that he had not demonstrated a risk warranting international protection.
Similarly, the Migration Court considered that the author was an adult and could thus choose
to reside anywhere in Afghanistan. The Court noted the absence of circumstances indicating
that the same perpetrators would abuse him again upon return, or that they would even learn
of his return.
4.18 On the claimed risk of ill-treatment due to his disability, the State party notes that the
first time that the author mentioned that he had been harassed and mistreated was in an
application for a re-examination of his case, after the expulsion order had become final,
despite ample opportunity to present his reasons for applying for asylum. The first time that
he raised it, he did not specify that claim at all. His statement was vague and not substantiated
by country-of-origin information. He failed to specify the kind of treatment, when he was
subjected to it and by whom. Thus, the State party’s authorities concluded that it had not been
shown that he would face such a risk of social exclusion or other difficulties so as to render
his expulsion contrary to the State party’s conventional obligations.
4.19 Noting the author’s claimed risk of unemployment in Afghanistan owing to his
disability, the State party questions how such a claim could amount to the above-mentioned
risk of treatment contrary to article 15 of the Convention. Moreover, the author stated before
the Swedish authorities that he had worked in Afghanistan and the Islamic Republic of Iran,
that he had paid for the journey to Sweden with money he had earned from working and that
he had attended regular school in Afghanistan for five years. Thus, the Migration Agency
concluded that the author was a healthy, employable man capable of re-establishing himself
in Afghan society. The circumstances of his case were furthermore not deemed to be
exceptionally distressing. Moreover, there are large numbers of persons with disabilities in
Afghanistan due to the conflict and the widespread presence of landmines and abandoned
ammunition. Tolerance of and understanding for persons with physical disabilities is
relatively good in Afghan society.7 The high unemployment rate renders access to the labour
market more difficult for persons with disabilities, but there are several organizations
working to safeguard their rights.
4.20 The State party notes that the author does not substantiate why his claimed lack of
health care in Afghanistan would violate his rights under article 26 of the Convention. The
State party considers the claim under this article inadmissible ratione materiae and has
therefore interpreted it in the light of article 15 of the Convention. The State party observes
that the author has not explained what health care he needs and considers that this part of the
communication is thus inadmissible as insufficiently substantiated. Furthermore, the medical
report dated 12 September 2017 does not seem to have been invoked in the domestic
proceedings. Nevertheless, in interpreting article 15 of the Convention, the State party invites
the Committee to follow the approach of the judgment of the European Court of Human
Rights in Paposhvili v. Belgium, 8 in which the Court found that only very exceptional
circumstances may raise an issue with respect to an applicant’s health under article 3 of the
7
8
6
See Ministry for Foreign Affairs, “Mänskliga rättigheter, demokrati och rättsstatens principer i
Afghanistan 2015–2016” (26 April 2017).
European Court of Human Rights, Paposhvili v. Belgium, Application No. 41738/10, Judgment, 13
December 2016.