CCPR/C/115/D/2344/2014
Additional submissions from the authors
7.1
On 3 November 2014, the authors reiterated that cases involving asylum seekers
involved in blood feuds in Albania had been appealed. They claimed that, out of nine cases
of Albanian asylum seekers handled by the Danish Refugee Council in 2013 in which fear
of blood revenge was part of the asylum motive, the Council had exercised its discretionary
power in eight. That means that the Council had refused the use of the “manifestly
unfounded” procedure in those eight cases, which were then sent for appeal before the
refugee appeals board.
7.2
With respect to the risk faced in Albania in case of forcible return, the authors refer
to their initial submission. They reiterate that proceedings are pending in their case before
the High Court of Eastern Denmark.
7.3
Concerning article 14, the authors stress that the procedure in their case does not
directly involve matters of expulsion of aliens, such as to fall under article 13, as the State
party suggests. Rather, the authors’ allegation focuses on the formality of the lawsuit, more
specifically the denial of suspensive effects in the proceeding. As such, it falls under article
14 of the Covenant.
7.4
On 7 September 2015, the authors informed the Committee that, by its decision of 2
September 2015, the High Court of Eastern Denmark upheld the decision of the District
Court of Copenhagen of 22 May 2014 (see para. 6.2). The High Court of Eastern Denmark
determined that it found no basis for overriding the immigration services’ assessment.
Issues and proceedings before the Committee
Consideration of admissibility
8.1
Before considering any claims contained in a communication, the Human Rights
Committee must, in accordance with rule 93 of its rules of procedure, decide whether or not
it is admissible under the Optional Protocol to the Covenant.
8.2
As required under article 5 (2) (a) of the Optional Protocol, the Committee has
ascertained that the same matter is not being examined under another procedure of
international investigation or settlement.
8.3
The Committee notes that the authors have exhausted all available domestic
remedies, as required by article 5 (2) (b) of the Optional Protocol.
8.4
The Committee recalls 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 by articles 6 and 7 of the Covenant. 3 The
Committee has also indicated that the risk must be personal4 and that there is a high
threshold for providing substantial grounds to establish that a real risk of irreparable harm
exists.5 In making this assessment, all relevant facts and circumstances must be considered,
3
4
5
8
See the Committee’s general comment No. 31 (2004) on the nature of the general legal obligation
imposed on States parties to the Covenant, para. 12.
See, for example, communications no. 2007/2010, X v. Denmark, Views adopted on 26 March 2014,
para. 9.2; No. 282/2005, S.P.A. v. Canada, decision adopted on 7 November 2006; No. 333/2007,
T.I. v. Canada, decision adopted on 15 November 2010; No. 344/2008, A.M.A. v. Switzerland,
decision adopted on 12 November 2010; and No. 692/1996, A.R.J. v. Australia, Views adopted on 28
July 1997, para. 6.6.
See, for example, X. v. Denmark (note 4 above), para. 9.2; no. 1833/2008, X v. Sweden, Views
adopted on 1 November 2011, para. 5.18.