CCPR/C/120/D/2625/2015
author seem unlikely; for example, his assertion that his captors did not take any
precautions to prevent his escape and the fact that he did not escape earlier, since he was
alone in the room where he was being kept. The State party affirms that the author has not
provided any reasonable explanation regarding such inconsistencies, which relate to
essential points of his account.
4.7
The State party also indicates that the author’s account is not consistent with the
background material available. It refers to a report by the Immigration Service, according to
which, contrary to the author’s assertion, the Taliban do not recruit young boys by force,
but that the latter join the Taliban voluntarily. 23 In addition, the report indicates that most
suicide bombers are poor young males originating from Punjab province in Pakistan or
from North and South Waziristan. 24 Furthermore, the State party points out that the
recruitment of suicide bombers requires a certain level of willingness and belief in the
purpose of the action on the part of the recruit, which is in contradiction with the author’s
account.25
4.8
The State party further submits that the fact that the author is a Tajik does not, in
itself, justify asylum. The State party refers to the UNHCR Eligibility Guidelines (pp. 36-37)
for an assessment of the international protection needs of asylum seekers from Afghanistan,
according to which persons perceived as supportive of the international community are, for
example, local leaders, religious leaders and women in the public sphere. As for men and
boys of fighting age, the Eligibility Guidelines indicate that there is a risk for those boys
and men in areas where the Government does not exercise control and in the areas affected
by the conflict between pro-government and non-governmental forces. 26 In addition,
persons perceived as contravening the Taliban’s interpretation of Islamic values can be
attacked in those same areas. The Taliban mainly target musicians, film-makers, people
playing sports and persons who have attended events perceived as violating Islamic
principles, norms and values. 27 Finally, regarding the author’s allegation that individuals
from an ethnic minority would face a risk if returned to Afghanistan, the State party
submits that such groups may need protection if they originate from an area not subject to
government control in which their ethnic group constitutes a minority. The State party
points out that the author does not fall into any of these categories, as he is a Tajik from the
capital, which is controlled by the Government and where Tajiks form about 15 per cent of
the population; he is a low-profile person, as he has never been politically active and has
never experienced any problems with the Afghan authorities.
4.9
With respect to the author’s allegations related to the general situation in
Afghanistan, in particular the call made by the Minister of Refugees and Repatriation for
States not to deport nationals of Afghanistan back to the country, the State party affirms
that such a statement does not lead to a revised legal assessment of the author’s asylum
request and that the Afghan authorities have agreed to receive him. In addition, it submits
that, contrary to the author’s assertion, Kabul continues to be a safe place, as confirmed by
the statement of the Afghan Minister of Refugees and Repatriation referred to by the author.
4.10 The State party submits that the Board’s decision of 28 April 2015 was taken after a
thorough review of the author’s claims and the evidence he submitted and in accordance
with domestic legislation. It considers that the author is trying to use the Committee as an
appellate body to have the factual circumstances of his asylum application reassessed. The
State party also submits that the Committee must give considerable weight to the Board’s
findings, as the latter is better placed to assess the facts in the author’s case.28 It further
23
24
25
26
27
28
6
Danish Immigration Service, Country of Origin Information for Use in the Asylum Determination
Process: Report from Danish Immigration Service’s Fact Finding Mission to Kabul, Afghanistan, 25
February to 4 March 2012, pp. 26-28. Available from www.nyidanmark.dk/NR/rdonlyres/3FD55632770B-48B6-935C-827E83C18AD8/0/FFMrapportenAFGHANISTAN2012Final.pdf.
Ibid., pp. 26-28.
Ibid., p. 29.
Ibid., pp. 40-41.
Ibid. pp. 47-48.
The State party refers to various Views adopted by the Committee, including: communications No.
2272/2013, P.T. v. Denmark, Views adopted on 1 April 2015, para. 7.3; No. 2393/2014, K v.