CCPR/C/116/D/2422/2014
testimony before the Board that counsel had to interrupt him on several occasions. He
maintains that, when asked during the oral hearing, he explained that he had put woodchips
and dried grass/hay on the floor beneath the horses, and not straw, and slept with his
brother in haystacks in an empty box in the stables.
2.17 The author further alleges that he suffers from post-traumatic stress disorder and has
an “inclination [towards] paranoid interpretations and near-psychotic symptoms”.4 He
claims that he presented his medical records during the oral hearing before the Board, and
that his “very poor mental condition was apparent” during the hearing.
2.18 The author submits that he has exhausted all remedies available in Denmark,
because the decision of the Board is final and may not be appealed before the Danish
courts. The author also states that he has not submitted the present matter for consideration
before any other international body.
The complaint
3.1
The author submits that the State party would violate his rights under articles 7 and
26 of the Covenant by forcibly removing him to Armenia, where he “deserted the army
because of discrimination and inhumane treatment, and fears disproportionately severe
punishment and imprisonment” that would constitute “inhuman or degrading treatment”.5
The author maintains that the State party has an obligation to refrain from deporting
persons who are at risk of being deprived of their human rights, in this case the right to
protection against discrimination on the ground of national origin. The author alleges that
military deserters in Armenia are subjected to harassment and abuse, and that in 2007 the
punishment for desertion under ordinary circumstances in Armenia was changed by law
from three to six years of imprisonment.6 The author also claims that the Armenian Penal
4
5
6
The author provided an informally translated summary of his medical record for the period from
September 2013 to May 2014. The translation states in its entirety:
Very severely traumatized man. The father died when he was 7 years old. Went to an
orphanage, where he was abused. When he grew up, he entered the army. Saw his brother get
killed. Was at the front and saw many die. It is six years ago, but he still has disturbed sleep
caused by nightmares where he sees his deceased brother covered in blood. When he wakes
he still sees blood on his hands. He is very short-tempered and afraid that someone is pursuing
him. If he is in big crowds of people he re-experiences the time in the military.
Concerning the author’s reasons for applying for asylum, the asylum interview report by the Danish
Immigration Service states that:
The applicant feared being killed in case of return to his country of origin. He had been
accused of being a traitor. If he would not be killed, he would go to prison. The applicant
stated that he would have two options in prison: he would either commit suicide or be killed.
The applicant was a traitor because he had helped the Azerbaijani spies (H and A) escape. The
applicant was asked whether there were other reasons why he could not return to Armenia –
in addition to having helped the Azerbaijani spies escape from the Armenian army. He
responded that he and his family had been suppressed their whole lives because of their
Turkish origin.
The report states that the interview was conducted in Armenian, and that the author accepted the
contents of the interview report as translated and was told to speak up immediately if he had problems
understanding the interpreter. The communication does not refer to a fear of being prosecuted for
treason, or accusations of treason.
The author refers to an informal English translation of excerpts from a Landinfo report dated
6 December 2010. The excerpt specifies the legal penalties for military desertion. It also states in
relevant part:
Mistreatment of soldiers and accidents that are unrelated to military operations are considered
relatively common. Since the military is quite a closed institution, statistics on instances of
harassment and such can be unreliable. Presumably, there are huge dark figures [sic]. A
5