CCPR/C/114/D/2370/2014
measures of protection. Following his deportation, he requested to be returned to Denmark
for his own safety.
1.2
On 31 March 2014, when registering the communication, and pursuant to rule 92 of
its rules of procedure, the Committee, acting through its Special Rapporteur on new
communications and interim measures, requested the State party to ensure that the author
was protected during the period of consideration of the communication by the Committee
and, in particular, to instruct its embassy in Kabul to contact the author and provide
information on his situation. The Committee reiterated its request for interim protection on
1 July 2014. On 1 October 2014, the State party informed the Committee that its authorities
were unable to provide protection of the author on Afghan territory, where Denmark does
not have jurisdiction. The State party added, however, that it had complied with the
Committee’s request to instruct its embassy in Kabul to contact the author and provide
information on his situation, including through an interview of the author conducted by the
Danish embassy in Kabul on 20 August 2014. On 19 December 2014, the Committee once
again reiterated its request for interim protection.
The facts as presented by the author
2.1
The author claimed, inter alia, that he was highly likely to be at risk of being
subjected to abuse contrary to articles 6 and 7 of the Covenant upon return to Afghanistan,
since the Danish Refugee Appeals Board considered as fact that the author had been
employed in Afghanistan as an agent to fight drug-related crimes and, in that connection,
had collaborated with several English-speaking organizations. The fact that he spoke
English and was being returned to his country of origin from a Western country increased
the risks to which he would be exposed in Afghanistan. The author maintained that he was
at risk of abuse or of being killed upon return to his country of origin, and that his return
thus represented a breach of articles 6 and 7 of the Covenant.
2.2
The author worked for several organizations, including Pacific Architects and
Engineers, which cooperated with the Narcotics International Unit, the Drug Enforcement
Administration of the United States of America and the Counter Narcotics Police of
Afghanistan to investigate drug-related crime. He claimed that, due to his work in fighting
drug-related crime, he was sought by the Taliban, who knew him because he had assisted in
securing the arrest of two drug lords affiliated with the Taliban. Moreover, as a result of his
work, he had been the victim of an abduction attempt and had received written threats, and
his brother had been kidnapped and killed. The author also contended that he feared that the
Afghan authorities believed that he was a supporter of Christianity because of the existence
of a video recording in which he talked about Christianity and Islam.
2.3
The author stated that he would be persecuted by the Taliban because of his work,
and maintained that he fell within several of the risk groups mentioned in the Office of the
United Nations High Commissioner for Refugees (UNHCR) Eligibility Guidelines for
Assessing the International Protection Needs of Asylum Seekers from Afghanistan of 6
August 2013.
2.4
The author further stated that the Danish Refugee Appeals Board had breached
article 14 of the Covenant by not sending its refusal to reopen the asylum proceedings until
4.33 p.m. on 17 March 2014, a few hours before the planned return of the author around
midnight on 18 March 2014. He thus claims that the late forwarding of the decision in fact
prevented him from effectively submitting a communication to the Committee under the
Optional Protocol. He notes that the Board had been advised of the return well in advance
both by the case officer of the Danish Refugee Council and by the Danish National Police,
and that the Board had been advised that the case would be brought before an international
body if the request to reopen it was refused.
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