CCPR/C/114/D/2370/2014
Afghanistan pursuant to paragraph 32a of the Aliens Act if he does not leave
voluntarily.
On 18 March 2014, the author was returned to Afghanistan.
4.4
The State party further indicates that, in accordance with the Committee’s request of
1 July 2014, it instructed the Danish embassy in Kabul on 16 July 2014 to establish contact
with the author via the telephone number that had been provided by the author’s counsel on
30 June 2014. The Danish embassy made several attempts to contact the author on the
provided telephone number, but in vain. Contrary to the author’s statement that he had
appeared in person at the Danish embassy in Kabul in early August 2014, the State party
indicates that its embassy in Kabul could not provide a positive confirmation that the author
had contacted anyone at one of its outer security checkpoints. It conceded, however, that
the author might have been dismissed by a guard if he had not submitted a prior request for
appointment by e-mail.
4.5
The State party also indicates that the author contacted the Danish embassy in Kabul
by e-mail and forwarded some correspondence between him, his counsel and the
Committee concerning the case. By letter of the Committee dated 8 August 2014, the State
party received counsel’s further information of 22 July 2014, including five documents in
attachment form which had been provided by the author. Those documents included a
confirmation of the author’s identity by the Ministry of Interior Affairs and a village elder
named Mangal Sadeq; a confirmation of the author’s residence in Shigai village in the
Lematak district, and of possible threats to the author; a document referring to an
(unnamed) Afghan asylum seeker from Denmark; and a request to the Ministry of Interior
Affairs for a copy of the confirmation of the author’s identity by village elder, which had
been handed over. By e-mail of 11 August 2014, the author provided to the embassy further
correspondence in his case.
4.6
The State party furthermore indicates that on 20 August 2014 the Danish embassy in
Kabul interviewed the author in a secure meeting room close to the embassy premises.
During that interview, the author explained, inter alia, that between 15 and 28 July 2014 he
had received two threatening phone calls from anonymous numbers, during which a caller
of unknown identity reportedly stated “that they knew [A.H.] had returned to Afghanistan”
and enquired about his exact location. The author stated that, after the second phone call, he
had changed his phone number. Also during the interview, the author described his visit to
the UNHCR office in order to find out about the conditions for seeking refugee status once
he left Afghanistan. The author also described a physical attack and beating he reportedly
sustained on 18 August 2014 by unknown assailant(s) as a result of which he apparently
had a scar on his lower right arm, a bruised lip, both eyes slightly swollen and bruised, and
bruises on his thigh, ankle and lower leg. 6 He also referred to his moves between three
different places since he had returned to Afghanistan, spending a couple of weeks at a time
in each place. During those moves, the author had stayed with his brother in Kabul, his
father-in-law in Takhar province (where his wife and children were also staying) and his
sister in Jalalabad. During the interview, the author claimed to have suffered from
emotional distress caused by being away from his family and not staying in a fixed
location, as well as by the insecurity he felt as a result of the attack.
4.7
During August and September 2014, according to the State party, the author and his
counsel sent a number of e-mails about the case to the Danish embassy in Kabul. In the
most recent e-mail, dated 9 September 2014, the author indicated, inter alia, that he had
received several threatening phone calls the preceding Sunday from persons saying that
6
The author mentioned that he had not informed his lawyer of the attack but intended to do so.
7