CCPR/C/127/D/3070/2017
renunciation of Islam suffices to conclude that there is a real risk of persecution of an
individual that would warrant international protection.
4.11 In that connection, the State party reiterates that, when assessing whether the
author’s renunciation of Islam was based on a genuine personal conviction, the Migration
Court found that the author’s reasoning in that regard was general and did not express any
deeper personal reflection. 29 In addition, the Migration Court questioned why the author
presented that information only after the expulsion order had become final and nonappealable. The State party emphasizes that, considering that the author seems to have been
aware of the consequences of a denunciation of Islam upon return to Afghanistan, the fact
that he did not mention that until he was encountered by the Swedish police and after he
was put in detention to enforce the expulsion order to Afghanistan – about two years after
he claimed to have changed his attitude towards Islam – raises doubts as to the veracity of
those claims questions. The State party notes that the Migration Court took into account in
its assessment the risk of the author being imputed to be an atheist when he was returned to
Afghanistan.
4.12 With regard to the news articles that the author submitted before the domestic
migration authorities, the State party notes that, in fact, it is not clear from any of the
articles that the author has rejected Islam. The author’s name appears in articles that mainly
concern a sit-down protest against expulsions to Afghanistan. In that respect, it should be
noted that, during the domestic proceedings, the author did not substantiate his cited
identity and did not plausibly demonstrate that those articles had come to the attention of
the Afghan public or the Afghan authorities in such a way that he would be associated with
them upon his return to Afghanistan.
4.13 Furthermore, the State party notes that the letter that the author submitted to the
Embassy of Afghanistan was dated 18 October 2017. The State party highlights the fact that,
even though the letter was dated before the Migration Court of Appeal decided not to grant
him leave to appeal on 21 November 2017, it was not submitted to that court for
examination, nor was it submitted to any other migration authority for assessment as to
whether the new circumstances that had emerged in the case would constitute a lasting
impediment to enforcement of the removal order under chapter 12, section 19, of the Aliens
Act.
4.14 Regarding the author’s state of health, the State party shares the domestic migration
authorities’ conclusion that the author cannot be deemed to have substantiated the claim
that his health problems are severe enough to conclude that a transfer to Afghanistan would
raise an issue under the Covenant.
4.15 The State party holds that the author’s account and the facts relied on by him in the
complaint are insufficient to conclude that the alleged risk of ill-treatment upon his return
to Afghanistan meets the requirements of being a foreseeable, real and personal risk.
Consequently, enforcement of the expulsion order would not, under the present
circumstances, constitute a violation of the obligations of Sweden under articles 6 or 7 of
the Covenant.
Author’s comments on the State party’s observations on admissibility and the merits
5.1
On 21 January 2019, the author submitted his comments on the State party’s
observations on admissibility and the merits of the communication.
5.2
With regard to admissibility, the author concedes that article 18 does not have
extraterritorial applicability but maintains his claims regarding articles 6 and 7 of the
Covenant.
5.3
Regarding the State party’s submission that the communication is inadmissible due
to insufficient substantiation, the author contends that it is the State party who failed to
investigate the author’s claim and to make a proper risk assessment. The author reiterates
that the standard of proof required in the Aliens Act in relation to impediments to
29
8
The State party claims that the assessment is in line with the UNHCR handbook and guidelines and
jurisprudence from the Migration Court of Appeal of Sweden.