CCPR/C/115/D/2344/2014
including the general human rights situation in the author’s country of origin.6 The
Committee further recalls its jurisprudence that considerable weight should be given to the
assessment conducted by the State party, unless it is found that the evaluation was clearly
arbitrary or amounted to a denial of justice,7 and that it is generally for organs of States
parties to the Covenant to review or evaluate facts and evidence in order to determine
whether such a risk exists.8
8.5
The Committee notes the authors’ claim that their asylum application, decided under
the “manifestly unfounded” procedure without a possibility of an effective appeal to the
refugee appeals board; the failure to provide them with a lawyer; and the denial of
suspensory effect of the immigration service decision, have constituted a violation of article
14 of the Covenant. The Committee also notes the authors’ claim that, since other Albanian
asylum seekers in similar situations of threats on account of blood-feud revenge have been
given the right to appeal to the board, they consider that their rights under article 26 of the
Covenant have been violated.
8.6
The Committee refers to its jurisprudence in which it determined that proceedings
relating to the expulsion of aliens do not fall within the ambit of a determination of “rights
and obligations in a suit at law” within the meaning of article 14 (1) but are governed by
article 13 of the Covenant.9 Article 13 of the Covenant offers some of protection afforded
by article 14 (1) of the Covenant but not the right of appeal.10 The Committee therefore
considers that the authors’ claim under article 14, concerning the right of appeal, is
inadmissible ratione materiae pursuant to article 3 of the Optional Protocol.
8.7
The Committee also notes that article 14 (1) of the Covenant does not oblige States
parties to provide asylum applicants with a lawyer, except where it would otherwise be
impossible to conduct a hearing that meets principles of impartiality, fairness and equality
of arms.11 The authors have not explained how their right under article 14 (1) was violated
in the circumstances of the case, especially in the light of the fact that they were represented
at all stages of the proceedings in Denmark, other than the initial appearance before the
immigration service. The Committee therefore finds this part of the authors’ claim
insufficiently substantiated for purposes of admissibility and declares it inadmissible under
article 2 of the Optional Protocol.
8.8
The Committee furthermore considers the authors’ claim with respect to article 26 of
the Covenant is general in nature and fails to address the State party’s position that the
other cases of Albanian asylum seekers differ from the authors’ in their intensity. As a
result, this claim is also insufficiently substantiated for purposes of admissibility, and the
Committee declares it inadmissible under article 2 of the Optional Protocol.
6
7
8
9
10
11
Ibid.
See, inter alia, ibid. and communication No. 541/1993, Errol Simms v. Jamaica, inadmissibility
decision adopted on 3 April 1995, para. 6.2.
See communications No. 1763/2008, Pillai et al. v. Canada, Views adopted on 25 March 2011,
para. 11.4; and No. 1957/2010, Lin v. Australia, Views adopted on 21 March 2013, para. 9.3.
See, inter alia, communication No. 1494/2006, A.C. and her children, S., M. and E.B. v. The
Netherlands, inadmissibility decision adopted on 22 July 2008, para. 8.4: “The Committee refers to its
jurisprudence that deportation proceedings did not involve either ‘the determination of any criminal
charge’ or ‘rights and obligations in a suit at law’ within the meaning of article 14” (citing
communication No. 1234/2003, P.K. v. Canada, inadmissibility decision of 20 March 2007, paras. 7.4
and 7.5).
See general comment No. 32 (2007) on article 14: right to equality before courts and tribunals and to
a fair trial, paras. 17 and 62; and communication No. 2186/2012, X v. Denmark, Views adopted on 22
October 2014, para. 6.3.
See general comment No. 32 (note 10 above), para. 62.
9