CCPR/C/114/D/2370/2014
8.8
The Committee is of the view that the facts as presented, read in their totality,
including the information on the author’s personal circumstances, such as his past
experience in combating drug-related crimes which implicated Taliban-affiliated drug
lords, the threats to the author and his family prior to his deportation to Afghanistan, the
absence of comprehensive and objective verification by the State party’s authorities of the
evidence submitted by the author in support of his claims, and the unstable state of his
mental health, which the Board identified in its decision of 17 March 2014 and which has
likely rendered him particularly vulnerable, disclose a real risk for the author of treatment
contrary to the requirements of article 7 of the Covenant as a consequence of his removal to
Afghanistan, which was not given sufficient weight by the State party’s authorities.
Accordingly, the Committee is of the view that, by removing the author to Afghanistan, the
State party has violated its obligations under article 7 of the Covenant.
8.9
In the light of its findings on article 7, the Committee will not further examine the
author’s claims under article 6 of the Covenant.
9.
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, by removing the
author to Afghanistan, the State party has violated his rights under article 7 of the
Covenant.
10.
In accordance with article 2 (3) (a) of the Covenant, the State party is under an
obligation to provide the author with an effective remedy by proceeding to a review of the
decision to forcibly remove him to Afghanistan, an arrangement for the quick return of the
author to Denmark, taking into account the State party’s obligations under the Covenant,
and payment of compensation. The State party is also under an obligation to take steps to
prevent similar violations in the future.
11.
By becoming a party to the Optional Protocol, the State has recognized the
competence of the Committee to determine whether there has been a violation of the
Covenant. In addition, pursuant to article 2 of the Covenant, the State party has undertaken
to guarantee 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 if it has
been determined that a violation has occurred. The Committee therefore requests the State
party to provide, within 180 days, information about the measures taken to give effect to the
present Views. The State party is also requested to publish the present Views, to have them
translated into the official language of the State party and to ensure that they are widely
disseminated.
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