CCPR/C/119/D/2530/2015
allegations under article 7. 13 Accordingly, the Committee declares the communication
admissible and proceeds with its consideration of the merits.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
submitted to it by the parties, in accordance with article 5 (1) of the Optional Protocol.
8.2
The Committee recalls its general comment No. 31 (2004) on the nature of the
general legal obligation imposed on States parties to the Covenant, in paragraph 12 of
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.14 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. 15 Thus, all relevant facts and circumstances must be considered,
including the general human rights situation in the author’s country of origin. 16 The
Committee recalls that it is generally for the organs of States parties to examine the facts
and evidence of the case in order to determine whether such a risk exists, unless it can be
established that the assessment was clearly arbitrary or amounted to a manifest error or
denial of justice.17
8.3
The Committee notes the finding by the Board that, owing to inconsistencies in their
statements, the authors were not credible concerning the risk of harm they allege they
would face in Egypt. The Committee notes in this respect the authors’ assertion that these
inconsistencies were due in part to the trauma that they have endured. The Committee
considers that notwithstanding the inconsistencies highlighted by the State party, the
domestic decision makers did not provide any analysis of G’s allegations that three men
had attempted to rape her in connection with her conflict with her neighbour and of F’s
detailed assertions that he had been brutally tortured and sexually assaulted by the Egyptian
authorities. Furthermore, the inconsistencies in the authors’ factual allegations pointed to by
the State party did not go to the core of the authors’ claims regarding the personalized risk
linked both to the authors’ membership of a vulnerable group and the abuse they suffered as
a result of the neighbour’s religious conversion.
8.4
Given the serious nature of the allegations and F’s claim that he retained scars from
the beatings, the Committee also considers that the Board should have allowed F to be
medically examined in order to afford him the opportunity to substantiate his claim.
8.5
The Committee therefore considers that the Board did not adequately examine the
authors’ claims concerning the reasons for which they fled Egypt. Against the background
concerning the continuing situation of the Coptic community in Egypt referred to by the
authors, the Committee considers that under the totality of the circumstances, the authors
have presented compelling evidence to indicate that their return to Egypt would be
accompanied by a personal and real risk of irreparable harm, such that the State party
would violate their rights under article 7 of the Covenant by removing them to Egypt.
8.6
In the light of these findings, the Committee does not deem it necessary to examine
separately the authors’ claims under articles 9 and 18 (1).
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the authors’ removal to Egypt would violate their rights under article 7 of the Covenant.
10.
In accordance with article 2 (1) of the Covenant, which establishes that States parties
undertake to respect and ensure to all individuals within their territory and subject to their
13
14
15
16
17
See communication No. 2291/2013, A and B v. Denmark, Views adopted on 13 July 2016, para. 7.4.
See communication No. 2357/2014, A v. Denmark, decision adopted on 30 March 2016, para. 7.4.
See, inter alia, communication No. 2291/2013, para. 8.3.
See, inter alia, communications No. 2474/2014, X v. Norway, Views adopted on 5 November 2015,
para. 7.3; No. 2366/2014, X v. Canada, Views adopted on 5 November 2015, para. 9.3.
See, inter alia, communications No. 2559/2015, I.M.Y. v. Denmark, decision adopted on 14 July 2016,
para. 7.6; and No. 2393/2014, K v. Denmark, Views adopted on 16 July 2015, para. 7.4.
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