CCPR/C/114/D/2370/2014
months to prepare his complaint. Against this background, the State party maintains that the
author has failed to establish a prima facie case for the purpose of admissibility of this part
of the communication, which it considers to be manifestly ill-founded and should therefore
be declared inadmissible.
4.13 For the foregoing reasons, the State party considers the communication also to be
without merit, as the author has not sufficiently established that there are substantial
grounds for believing that his return to Afghanistan constituted a violation of article 6 or 7
of the Covenant, or that the State party failed to comply with article 1 of the Optional
Protocol to the Covenant.
Author’s further information
5.1
On 17 December 2014, the author’s counsel shared a copy of that day’s letter
addressed to the Ministry of Foreign Affairs of Denmark, in which he indicates that, based
on sporadic e-mails and telephone calls from the author to counsel and to the Danish
Refugee Council, it is evident that the author, and perhaps also his family, have fled to
Pakistan because of telephone threats against his wife and son. The author’s counsel
concludes that the State party has not yet succeeded in providing protection to the author,
and requests the Ministry of Foreign Affairs of Denmark to indicate if the State party’s
authorities are able to provide shelter for the author and his family in Pakistan. Further to
that correspondence, the Committee reminded the State party on 19 December 2014 that its
request of 31 March 2014 for interim measures of protection of the author remained in
effect.
5.2
On 12 January 2015, the author’s counsel stated that, based on information from the
author, the author had hidden himself in the mountainous area bordering Afghanistan and
Pakistan. He adds that the author has to walk two hours to reach a place with an Internet
connection and that he can be reached at the Internet address copied on the e-mail. The
author’s counsel sent a copy of the information to the State party to enable it to find a safe
way to communicate with the author in order to arrange for a place to meet for a rescue
operation. The counsel adds that it is his conviction that the author and his family are in a
very dangerous situation, and that his life is in danger. In the message of 23 December
2014, which formed part of the e-mail of 12 January 2015, the author’s counsel complains
of the absence of information by the State party on whether it could or would provide the
author with any kind of protection, as requested through the counsel’s e-mail of 17
December 2014 to the Ministry of Foreign Affairs of Denmark.
5.3
On 3 February 2015, the author indicated that on 18 March 2014, when the Danish
authorities deported him back to Afghanistan, he was left at the Kabul airport without any
kind of support or even the address of a guest house in which to stay. He moved to his
brother’s house, following which the author received phone calls from unknown callers
stating that they knew about his return to Afghanistan and threatening that “they” would
find his exact location. The author also refers to his interview with the Danish embassy on
20 August 2014, during which he reported a physical assault against him on 18 August
2014 without, however, providing a description of any new circumstances. The author
states that, further to the interview, he did not receive any protection from the embassy. He
also indicates that, for a long time, he has lived far away from his children on the border
between Pakistan and Afghanistan, whereas his children live at the house of the author’s
father-in-law. The author expresses regrets that his children are growing up without him,
while they and his wife reportedly remain in risk. He concludes that, despite his work for
the United States Army for 12 years, he now feels stranded, left without any protection and
living in the mountains without electricity and in winter. The author in fact calls for help to
save his life and the lives of his family members.
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