CCPR/C/125/D/2345/2014 5.5 The author’s counsel submits that the security situation in Afghanistan is extremely dangerous. He recalls in this regard the author’s references to the UNHCR Eligibility Guidelines (see paras. 3.2–3.3 above). In addition, he refers to the interview with the Minister for Refugees and Repatriation of Afghanistan published on 21 February 2015. 16 In that interview, the Minister appealed to Norway and all other European countries to halt deportations to Afghanistan, especially of women and children. The Minister specifically stated that these countries “should not deport anyone because we cannot take care of them here”. He explained that memorandums of understanding signed by Afghanistan with some European countries back in 2011 “clearly stated that those refugees who [were] coming from dangerous provinces [would] not be returned”. It was also agreed in these memorandums that women and children would not be returned to Afghanistan. According to the Minister, most of those currently being returned came from “very dangerous” provinces and could not go back to them. The Minister observed that the 7 million Afghans who were living in exile could not all be resettled in Kabul, which was considered to be safe by the deporting countries. 5.6 The author’s counsel argues in that connection that so-called non-believers are persecuted even in Kabul, and refers to a killing of a young woman accused of blasphemy by a mob, without the local police stepping in or trying to protect her. 17 Furthermore, the author, who comes from the unsafe area of Mazar-e-Sharif, can no longer expect to be resettled in Kabul due to the great number of Afghan returnees taking up residence in that city. Therefore, the author’s life is constantly in danger due to his conversion to Christianity, and the decision of the Danish asylum authorities not to reopen his asylum proceedings constitutes a violation of articles 6 and 7 of the Covenant. 5.7 The counsel further submits that, at the beginning of March 2015, the Afghan authorities officially communicated to the Danish authorities their request to stop deportations to Afghanistan and to renegotiate the tripartite memorandum of understanding between Afghanistan, Denmark and UNHCR of 18 October 2004. 18 Nevertheless, the Danish authorities continue to deport asylum seekers whose claims were rejected to Afghanistan. 5.8 With regard to the State party’s observations on the admissibility of the communication, the counsel submits that the author’s claims under articles 6, 7, 13, 18 and 26 of the Covenant should be declared admissible because he did not receive a fair trial with regard to his conversion to Christianity and his fear of persecution due to this new sur place asylum grounds. Since the author could not appeal the Board’s decision of 6 February 2014 to any other body in Denmark, it constitutes a violation of articles 13 and 26 of the Covenant. With regard to the State party’s observations on the merits, the Board’s decision of 6 February 2014 as such has resulted in a violation of the author’s rights under articles 6 and 7 of the Covenant, that is, the prohibition of refoulement, and a violation of the author’s right under article 18 of the Covenant to manifest his religion, since it is not possible in Afghanistan. State party’s additional observations 6.1 On 28 February 2016, the State party provided additional observations to the Committee and submitted that the submission of the author’s counsel of 30 November 2015 had not provided any essential new or specific information on the author’s situation. The State party therefore generally refers to its observations of 11 August 2014. 6.2 Furthermore, the State party observes that, in his initial submission to the Committee, the author claimed that Denmark had also violated article 14 of the Covenant. In this respect, the State party submitted in its observations of 11 August 2014 that asylum proceedings fell outside the scope of that article. The State party notes that the author’s counsel has subsequently invoked a violation of article 13 of the Covenant due to the 16 17 18 10 Available at https://kabulblogs.wordpress.com/2015/02/21/afghan-minister-for-refugees-andrepatriation-stop-deportation-to-afghanistan/. No further details provided by counsel. Available at www.unhcr.org/subsites/afghancrisis/430d7bec2/tripartite-memorandum-understandingmou-islamic-transitional-state-afghanistan.html.