CCPR/C/132/D/3188/2018 Advance unedited version
6.4
Finally, the Committee notes the State party’s challenge to admissibility on the
grounds that the author’s claims under articles 6 and 7 of the Covenant are of a general nature
and that he has not substantiated his claim that the decision of R.A.B. suffered from any
procedural irregularity such as to imply a manifest error. It further notes the author’s assertion
that the State party failed in its procedural obligation to duly consider all the evidence in his
case, dismissing all claims on the basis of a negative credibility finding, without considering
objective evidence, the existence or authenticity of which was not challenged, such as his
tattoos, and its failure to provide reasoning for any assessment that was carried out, or
conclusion reached, in particular the absence of reasons for the refusal to hear oral testimony
that goes to the substance of one of his primary claims. The Committee considers that, for
the purposes of admissibility, the author has sufficiently substantiated his allegations under
articles 6 and 7 of the Covenant.
6.5
. The Committee notes that the author has implicitly invoked article 18, in addition to
his claims under articles 6 and 7. The Committee further notes however, that the author does
not advance any separate arguments to support this claim. Therefore, the Committee
considers that this element of the communication is insufficiently substantiated as a stand alone claim for the purposes of admissibility. Accordingly, it declares the article 18 claim
as inadmissible under article 2 of the Optional Protocol. However, as this element is
inextricably linked to the author’s claims under article 6 and 7, the Committee will proceed
to consider the issues raised insofar as they relate to the merits of his claims under articles 6
and 7.
6.6
In light of the above, the Committee declares the communication admissible insofar
as it raises issues under articles 6 and 7 and proceeds to consideration onthe merits.
Consideration of the merits
7.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, as required under article 5 (1) of the Optional Protocol.
7.2
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 which it refers to the obligation
not to extradite, deport, expel or otherwise remove a person from their territory, to a country
where there are substantial grounds to believe that there is a real risk of irreparable harm,
such as contemplated under articles 6 and 7 of the Covenant.30 The Committee has also
indicated that the risk must be personal, with a high threshold for establishing substantial
grounds for the existence of such a risk.31 Thus, all relevant facts and circumstances must
be considered, including the general human rights situation in the country of origin: The
Committee further recalls its jurisprudence that significant weight should be given to the
assessment conducted by the State party and that it is generally for the organs of the States
party to examine the facts and evidence in order to determine whether such a risk exists,
unless it can be established that the assessment was arbitrary or amounted to a manifest error
or denial of justice.32
7.3
The Committee notes the author’s claim that, if returned to Iran he faces routine
detention and questioning at the airport and, having left Iran without documents or an exit
visa and having evaded military service, he fears extended detention, questioning, being
searched and arrested, as a result of his tattoos and therefore apparent conversion, his
intelligence profile, as a result of his online and sur place activities, his connection to his
mother’s house church and his extra-.marital relationship with the wife of a government
official. . He claims he will be forced to recant his faith or face prosecution for apostasy. If
his relationship with S is discovered he will also face charges of adultery and proselytizing
along with charges for failure to perform military service. He asserts that these factors, taken
together, place him at serious risk of ill-treatment during detention and interrogation and he
30
31
32
10
Para. 12, General Comment 31.
X v. Denmark (CCPR/C/110/D/2007/2010), para. 9.2; A.R.J. v. Australia (CCPR/C/60/D/692/1996),
Para. 6.6; and X v. Sweden (CCPR/C/103/D/1833/2008), para. 5.18.
X v. Denmark (CCPR/C/110/D/2007/2010), para. 9.2; and X v. Sweden (CCPR/C/103/D/1833/2008),
Para. 5.18.