CCPR/C/119/D/2530/2015
considered that there was no basis for postponing the case in order to allow F to undergo a
medical examination for signs of torture.
4.3
The State party considers that the communication is inadmissible because it is
manifestly unfounded. The authors have not established that there are substantial grounds
for believing that their rights under articles 7, 9 or 18 (1) would be violated if they were
returned to Egypt. The Board included all relevant information in its decisions. According
to the Committee’s jurisprudence, significant weight should be given to the State party’s
assessment, unless it is found that this evaluation was clearly arbitrary or amounted to a
denial of justice. The authors are attempting to use the Committee as an appellate body to
have the factual circumstances of their claim reassessed.
4.4
Concerning their claims under articles 7 and 18 (1), the authors made several
materially inconsistent statements at various times during the asylum process concerning:
the incidents that caused F to be hospitalized; the number of times F was admitted to
hospital; the vandalism of their apartment; when F had surgery; where the authors had
stayed after F’s discharge from hospital; and the amount of time they had spent at various
locations before leaving Egypt. Specifically, on different occasions: (a) the authors
provided three different responses concerning where they went after F’s discharge from
hospital (G stated that they had returned to their apartment at that time, and on another
occasion stated that they had gone instead to her parents’ house, whereas F stated that they
had gone to the residence of F’s parents’ relatives); (b) G alternately stated that the authors
had learned that their apartment had been vandalized when they had returned to the
apartment themselves, when the cafeteria staff had called them, and when the caretaker of
the apartment had called them; (c) F alternately stated that he had not returned home after
the vandalism, and that he had been personally present during the vandalism;4 (d) whereas
F stated that he had been hospitalized twice (once upon his release from prison owing to
heart problems, and later in order to have open-heart surgery for artery replacement), G
stated that F had also been hospitalized after fainting owing to an incident at the beginning
of the New Year (specifically, while staying with G’s parents, the authors had found a
wrecked car in front of the house with a threatening letter stating, “We will not leave you in
peace, and you will never see your children again”); (e) although G had not previously
raised this allegation, she stated before the Board that, while the authors were staying with
her parents, members of the Muslim Brotherhood had assaulted her and her family on two
occasions, and that on the second occasion, they had beaten G’s mother after forcing their
way into the house, thereby causing F to suffer another blood clot (this allegation was not
raised by F); and (f) F stated that the authors had stayed at the monastery outside
Alexandria for 21 days in January 2014 until they left Egypt, whereas G stated that they had
stayed at the monastery for several months. These inconsistencies are not simply a matter of
chronology and relate to crucial elements of the authors’ claims. In particular, the
vandalism of the authors’ apartment constitutes such a critical element of their claim that
they should be able to describe the manner in which they learned about it without material
inconsistencies. The State party echoes the Board’s finding that the assistance G provided
to her neighbour does not qualify as missionary activity and is not in and of itself a ground
for asylum.
4.5
Regarding F’s claim under article 9 of the Covenant, the Committee has not
considered that this provision has extraterritorial effect. The European Court of Human
Rights has stated that, in order for the prohibition on arbitrary detention to apply in a case
involving removal, the applicant would have to face a real risk of a flagrant breach of this
prohibition, and that the threshold for this test is high.5 The authors have failed to meet this
high threshold.
4.6
The authors’ claim under article 18 (1) is inadmissible ratione loci and ratione
materiae. Denmark cannot be held responsible for violations of article 18 that another State
4
5
4
The State party maintains that in order to explain this inconsistency to F, the interpreter made a
drawing to show the two sequences of events by arrows and indications of time in Arabic, and F then
stated that he had not been in the flat when it was vandalized.
The State party cites Othman (Abu Qatada) v. the United Kingdom (application No. 8139/09),
judgment of 17 January 2012.