CCPR/C/115/D/2351/2014
already considered the same information and views in its decision of 3 March 2014.8 The
State party further submits that the authors are in fact trying to use the Committee as an
appellate body to have the factual circumstances of their claim for asylum reassessed. The
State party emphasizes that the Committee must give considerable weight to the findings of
fact of the Board, which is better placed than the Committee to assess the facts in the
authors’ case. The Board is a collegial body of a quasi-judicial nature. It made its decisions
on the basis of a procedure during which the authors had the opportunity to present their
views, in writing and orally, with the assistance of legal counsel, and conducted a
comprehensive and thorough examination of the evidence in the case.
4.7
The State party submits that the criterion according to which the Board considers the
conditions for granting a residence permit under section 7 (1) of the Aliens Act to be met
can generally be expressed as a requirement that the relevant asylum seeker has a wellfounded fear of being subjected to specific, individual persecution of a certain severity if
returned to his country of origin.
4.8
As regards the harassment described by I.G., the Board, in its decision of 13 June
2013, found it to be a fact that he had been accosted and beaten by slightly older boys from
his school on Friday, 25 May 2012 after he had replied to questions about Christian
traditions during a school break earlier in the day. Moreover, the Board found to be factual
the authors’ statements that they had been been sought out after church the following
Sunday, 27 May 2012 by two senior pupils from the school and two slightly older men,
who had hit the authors and pushed R.G.’s two minor daughters. The State party, however,
recalls the Board’s conclusion that the authors had not had any conflicts with the Pakistani
authorities, nor had they reported the two incidents to the authorities, and that the isolated
incidents relating to I.G.’s disagreement with a few schoolmates could not lead to the
authors being granted protection status under section 7 of the Aliens Act or under the 1951
Convention relating to the Status of Refugees, since the conflict was of a private nature and
was not of an intensity or nature that could justify asylum.
4.9
The Board could not find factual the authors’ statements about the arson attack on
the family’s home that had allegedly taken place after church on 27 May 2012. The Board
found that R.G.’s statements about the fire had appeared uncertain and fabricated for the
occasion, especially because R.G. had not been able to accurately and consistently explain
where she was in her home when she discovered that one of the rooms was on fire, when
the fire took place, the whereabouts of the individual family members when the fire started,
whether R.G. had witnessed the arson attack and whether she knew the perpetrators’
identities. The State party observes that both R.G. and I.G. had their statements read out to
them at the interviews conducted by the Danish Immigration Service on 16 August 2012,
29 January 2013 and 11 February 2013 and that neither of them had experienced any
problem of interpretation or made comments related to the inconsistencies referred to by the
Board. The State party therefore relies entirely on the decisions made by the Board on 13
June 2013, according to which R.G.’s detailed statement about the circumstances
concerning the fire, which is a crucial part of the authors’ grounds for seeking asylum,
appeared to be so incoherent, inaccurate and on certain points inconsistent that the details
could not be found to be factual.
4.10 In connection with the authors’ request to have their asylum proceedings reopened
by the Board, the State party argues that the authors referred to the conflict experienced by
G and his wife. The authors’ counsel observed that the authors’ conflict in their country of
origin in May 2012 and the wedding ceremony of G and his wife in April 2012 took place
at almost the same time and that it could therefore not be ruled out that the authors’ conflict
8
The decision by which the Board refused to reopen the authors’ asylum proceedings.
7