Advance unedited version CCPR/C/132/D/3188/2018
attend for military service are mentioned after the “overall assessment” is concluded, without
any consideration of the increased likelihood of prolonged detention these factors present.
The assertion of the State party, without more, that the Board is “generally very attentive” to
the cumulative consideration of factors, in accordance with UNHCR guidance, does not
satisfy the Committee, on the basis of the information before it, that any assessment of
cumulative factors was carried out in this case.
7.13 The Committee does not find the State Party’s position that no one has been executed
for conversion reassuring. Execution is not the only outcome, which would trigger the State
Party’s protection obligations under the Danish Aliens Act,37 the Refugee Convention or the
Covenant, O neither is conversion the only basis upon which a convert may be
prosecuted.38The fact that apostasy is not explicitly proscribed in Iranian criminal law, being
punishable instead under provisions allowing hodud crimes to be punished under Sharia, and
the different interpretations in Islamic law regarding apostasy, result in a lack of legal
certainty for converts, and an opportunity to avoid apostacy as a charge where politically
expedient. These elements were not considered by decision makers, nor addressed in the State
Party’s submission.
7.14 In the absence of an assessment, which takes into consideration the consequences of
all of the author’s sur place activities, the Committee considers that the State party has failed
to demonstrate that the administrative and/or judicial authorities have conducted an
individualized assessment of the author’s case sufficient to determine whether there are
substantial grounds for believing there is a real risk of irreparable harm, as contemplated by
articles 6 and 7 of the Covenant, if the author is removed to Iran.
8.
The Committee, acting under article 5(4) of the Optional Protocol to the International
Covenant on Civil and Political Rights, is of the view that the authors’ removal to Iran, if
implemented in the absence of a procedure which guarantees a proper assessment of the real
and personal risk that he might face if deported, would violate the rights of the author under
articles 6 and 7 of the Covenant.
9.
In accordance with article 2(1) of the Covenant, which establishes that States parties
undertake to respect and to ensure to all individuals within their territory and subject to their
jurisdiction the rights recognized in the Covenant, the State party is under an obligation to
proceed to a review of the author’s case taking into account the State party’s obligations
under the Covenant and the Committee’s present Views. The State party is also requested to
refrain from expelling the author until his request for asylum is properly considered.
10.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
undertaken to ensure to all individuals within its territory and subject to its jurisdiction the
rights recognized in the Covenant and to provide an effective and enforceable remedy in case
a violation has been established, the Committee wishes to receive from the State party, within
180 days, information about the measures taken to give effect to the Committee’s Views. The
State party is also requested to publish the present Views and disseminate them widely in the
official languages of the State party.
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38
Section 7 of the Danish Aliens Act provides the legal basis for refugee status eligibility in Denmark.
7 (1): Upon application, a residence permit will be issued to an alien if the alien falls within
the provisions of the Convention relating to the Status of Refugees (28 July 1951). 7 (2): Upon
application, a residence permit will be issued to an alien if the alien risks the death penalty or being
subjected to torture or inhuman or degrading treatment or punishment in case of return to his country
of origin.
Christian converts are typically not charged with apostasy; convert cases are usually considered as
national security matters, which are handled by the Revolutionary Court. A source added that the
authorities perceive activities related to conversion as political activities. Danish Immigration Service,
Iran: House Churches and Converts , February 2018, 4/2018, available at:
https://www.refworld.org/docid/5ab8f2de4.html
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