CCPR/C/114/D/2370/2014
3.2
The author asserts that he fears the Afghan authorities, who believe that he is a
supporter of Christianity because of a video recording in which he talks about Christianity
and Islam.
3.3
The author argues that the State party obstructed the possibility of invoking the
Covenant because it planned to deport him on the very same day that the final domestic
negative decision was issued. The author maintains that this amounts to a violation of
article 14 of the Covenant. He states that his request for reopening of the asylum
proceedings did not halt his deportation.
3.4
The author asserts that the negative decisions of the Danish authorities “infringe” on
his human rights. Neither the Danish Immigration Service nor the Danish Refugee Appeals
Board initiated any investigation as to his claims. He argues that the Board’s decision was
flawed because it did not provide a reason for rejecting the information that Taliban
affiliates were involved in committing drug-related crime.4 He maintains that the Board did
not reconsider the issue of credibility in its decision.
3.5
The author claims that he has exhausted available domestic remedies in Denmark by
obtaining a negative decision (dated 21 May 2013) from the Board and by receiving a
rejection of his request to reopen his asylum case (issued on 17 March 2014);5 the decision
4
5
The unofficial translation of the Danish Refugee Appeals Board’s decision provided by counsel states
that the Board accepted that the author worked for Pacific Architects and Engineers from 2007 to
2009 and was responsible for investigating drug-related crimes there, and that the Taliban were
involved in drug-related crimes. The Board rejected, however, the author’s claim that he had had
problems with the Taliban two-and-a-half years after he had contributed to the solving of drug-related
crimes. In that regard, the Board emphasized that the author had been able to stay in Kabul without
problems and visit his wife and children weekly at his former residence in Jalalabad without being
approached by the Taliban. The Board also rejected the author’s claim that he had had difficulties at a
meeting where Christianity was discussed. In that regard, the Board noted that the author was unable
either to explain in detail how the video of him was recorded or to provide details on the contents of
that video. The Board noted that the author alleged that he had received a threatening letter from the
Taliban prior to the relevant events. The Board did not find it probable that the author had been
pursued by the Taliban at the time of his departure from the country, or that he would face a concrete
and individual risk of persecution upon return.
It appears from the unofficial translation of the Board’s decision denying the request to reopen the
asylum case that the author provided new information, claiming that he was abducted on 21 October
2007 from his home in Jalalabad. The abduction allegedly occurred after his work that led to the
unravelling of a major drug operation, culminating in the arrest of two drug kingpins. The abduction
was allegedly arranged by a third kingpin, who had avoided arrest. The author believes that his former
colleague had denounced him as being an agent responsible for collecting information on the Taliban
and on the mafia. The author presented a police report dated 12 October 2009 which describes the
events relating to the abduction. The Board’s decision also states that the author presented new
information on the Taliban’s search for him, namely, that his brother told him during a telephone
conversation on 19 June 2013 that the Taliban commander Moalem Ghulam Sediq had sought out the
village leader and enquired about the author’s whereabouts. The author also added that he had been
able to live in Kabul between 2009 and 2012 because he was incredibly careful in his movements. He
had lived in hiding and mostly stayed in his office or his apartment, and only visited his family once
every three months. He also explained that he had been unaware of the video recording in which he
discussed Christianity until a warrant was issued for his arrest. A copy of the warrant has not been
made part of the file. He further stated that he had received the threatening letter dated 6 April 2012
after the meeting about Christianity and before the arrival of the police at the family residence. The
author also presented new information: that he has acted as an interpreter for 28 countries, including
Denmark, Germany and the United States, and in that capacity had taken part in a series of meetings
with village leaders and Taliban members, among others. The Board found that the author had
considerably expanded upon his motive for seeking asylum and had not provided a reasonable
5