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. 37 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 13

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