CCPR/C/127/D/3070/2017 The complaint 3.1 The author submits that his deportation to Afghanistan would constitute a violation of articles 6 and 7 of the Covenant.18 He alleges that there is a real and substantial risk that he would be subjected to irreparable harm or even death if forcibly returned to Afghanistan, given that he left Islam and would be seen as an apostate in Afghanistan, which is punishable by death according to Afghan law. 19 The author claims that, in Afghanistan, characterized by a strong Islamic regime, reflection on or criticism of Islam is not tolerated. Islamic beliefs and practices are utterly pervasive throughout Afghanistan, and strict punishments under sharia law for apostasy are part of State law. People who leave Islam are also at great risk of persecution, threats, violence and torture.20 3.2 The author claims that it is very difficult for ex-Muslims to hide their lack of faith within conservative Muslim communities, given that the practice of that faith involves visible rituals, such as praying and fasting, and abstaining from practices that are forbidden in Islam. That would lead to the author either being forced to practise the religion in order to pretend to be a Muslim, which he has said he would not do,21 or suffering the consequences of being regarded as an apostate, which would provoke strong reactions from the conservative Muslim communities and authorities, which would very likely threaten his life. 3.3 Furthermore, the author claims that, upon return to Afghanistan, young adults who have lived outside of Afghanistan would face the risk of cruel, inhumane or otherwise degrading treatment as defined in international standards.22 The author, who grew up in the Islamic Republic of Iran after he left Afghanistan when he was a small child, has no network in Afghanistan nor knowledge of the country. He speaks mainly Persian, which means that he would be regarded as an outcast in Afghan society. 23 In addition, he is also an ethnic Hazara and has been “Westernized” in Sweden. If returned to Afghanistan, therefore, he would be in a vulnerable position, with a high risk of persecution, threats, violence and torture, as well as face discrimination, such as the impossibility of obtaining a job and lack of access to acceptable housing, social services or health care. 3.4 The author alleges that his case was not taken seriously by the Swedish migration authorities, which rejected his asylum application and appeal without a hearing on his atheism. The author alleges that his case should have been decided only with oral hearings, given that the asylum claims of converts to Christianity have been reconsidered in many cases with hearings, and there is no difference between atheists and Christian converts with regard to the danger they may face in Afghanistan. There is no equivalent certificate for an atheist as there is for a Christian convert, so the testimonies he submitted from 18 19 20 21 22 23 Although the author also alleges the risk of violation of his rights under article 18 of the Covenant, it is not clear from the author’s submission on what grounds that assertion is made. The author refers to the 2011 Report on International Religious Freedom of the United States Department of State, in which the it is indicated that conversion from Islam was considered apostasy and was punishable by death under some interpretations of Islamic law in the country. The Criminal Code did not define apostasy as a crime, and the Constitution forbade punishment of any crime not defined in the Criminal Code, however, the Penal Code stated that egregious crimes, such as apostasy, should be punished in line with Hanafi religious jurisprudence. The author notes that that situation is compounded by the interpretation of a clause in article 3 of the Constitution of Afghanistan, which stipulates that no law shall contravene the tenets and provisions of the holy religion of Islam in Afghanistan, which has been interpreted and applied as establishing a restrictive interpretation of Islamic law as the law of the land and prioritizing that interpretation over human rights guarantees, which has resulted in abuses (United States Commission on International Religious Freedom, Annual Report 2013). Afghanistan is ranked as the world’s third most dangerous country for Christians on the Open Doors World Watch List 2017. The author believes that atheists are at the same level of risk in a country where 99 per cent of the population are Muslims and sharia law applies. The author claims that it would defeat the very right that the Covenant protects, if he was forced to hide his non-belief in a religion by living discreetly. The author refers to the guidelines of the Office of the United Nations High Commissioner for Refugees (UNHCR), judgments in England, the European Convention on Human Rights and information on Afghanistan from different European countries. The author notes that he can speak Dari but with a strong Iranian accent. 5