CCPR/C/125/D/2345/2014
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether the communication is
admissible under the Optional Protocol.
7.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
7.3
The Committee notes the author’s claim that he has exhausted all domestic remedies
available to him. In the absence of any objection by the State party in that connection, the
Committee considers that the requirements of article 5 (2) (b) of the Optional Protocol have
been met.
7.4
As to the State party’s argument that the author’s claim under article 6 of the
Covenant should be declared inadmissible owing to insufficient substantiation, the
Committee notes that the information submitted to it does not provide sufficient grounds to
believe that the author’s forcible return to Afghanistan would expose him to a real risk of a
violation of his right to life. The author’s contentions in this respect are general allegations
mentioning the risk of being killed because of his conversion to Christianity, without
advancing however any arguments in support of his claim. In these circumstances, the
Committee considers that the author has not sufficiently substantiated his claims under
article 6 of the Covenant and therefore declares this part of the communication inadmissible
pursuant to article 2 of the Optional Protocol.
7.5
The Committee notes the author’s claim under article 13 of the Covenant that he was
unable to appeal the negative decisions of the Board to a judicial body. In that regard, the
Committee refers to its jurisprudence, according to which this provision offers asylum
seekers some of the protection afforded under article 14 of the Covenant, but not the right
of appeal to judicial bodies.25 The Committee therefore concludes that the author has failed
to sufficiently substantiate this particular claim under article 13 of the Covenant, and
declares this part of the communication inadmissible under article 2 of the Optional
Protocol.
7.6
The Committee further notes that the author also claimed a violation of articles 13
and 26 of the Covenant, since the decision of 6 February 2014 refusing to reopen his
asylum proceedings was made by the Board’s secretariat with the approval of the Board’s
Chair and not by the Board. The Committee also takes note of the State party’s arguments
that the author’s asylum proceedings, including his request that his case be reopened, were
conducted in conformity with Danish law and that he had been treated no differently than
any other person applying for asylum. The Committee observes that the author had the
opportunity to submit and challenge evidence concerning his forcible return to Afghanistan
and had his asylum application examined by the Danish Immigration Service and reviewed
by the Board and by the Board’s Chair, who, inter alia, examined the new sur place asylum
grounds and evidence submitted by the author. The Committee considers, consequently,
that the author has not sufficiently substantiated his claims concerning the procedure before
the Board under articles 13 and 26 of the Covenant for purposes of admissibility, and that
this part of the communication must therefore be declared inadmissible in accordance with
article 2 of the Optional Protocol.
7.7
Finally, the Committee notes the State party’s argument that the author’s claims
with respect to articles 7 and 18 of the Covenant should be declared inadmissible owing to
insufficient substantiation. However, the Committee considers that, for the purposes of
admissibility, the author has adequately explained the reasons why he fears that his forcible
return to Afghanistan would result in a risk of treatment contrary to article 7 of the
25
For example, Omo-Amenaghawon v. Denmark (CCPR/C/114/D/2288/2013), para. 6.4; and S.Z. v.
Denmark (CCPR/C/120/D/2625/2015), para. 7.12. See also the Committee’s general comment No. 32
(2007) on the right to equality before courts and tribunals and to a fair trial, paras. 17 and 62.
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