CCPR/C/120/D/2625/2015
State party to continuously assess the risk that any person would face in case of return to
another country before the State takes any final action regarding his or her deportation or
removal.
7.10 Without prejudice to the continuing responsibility of the State party to take into
account the present situation of the country to which the author would be deported, and in
the light of the available information regarding the author’s personal circumstances, the
Committee considers that the author’s claims under articles 6 and 7 of the Covenant have
been insufficiently substantiated for the purposes of admissibility, and concludes that this
part of the communication is inadmissible under article 2 of the Optional Protocol.
7.11 The Committee further notes the author’s claims under article 26 of the Covenant
that the Board’s decision and its procedure constitute a discrimination against asylum
seekers, since all other decisions by administrative bodies can be appealed before courts
pursuant to the State party’s laws. It also notes the State party’s statement that the author
has been treated in the same way as any other person applying for asylum before its
authorities, whatever their race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status. The Committee observes that the
author has not provided any further arguments on this part of the complaint. It therefore
considers that the author has failed to sufficiently substantiate his claims under article 26
and declares this part of the communication inadmissible under article 2 of the Optional
Protocol.42
7.12 The Committee further notes the author’s claims that the impossibility for him to
appeal the Board’s decision of 28 April 2015 amounts to a violation of his right to a fair
trial under article 13 of the Covenant, as the decisions of the Board are the only
administrative decisions that cannot be appealed before the national courts. The Committee
recalls its jurisprudence, referred to by the State party, according to which article 13 of the
Covenant offers to asylum seekers some of the protection afforded under article 14 of the
Covenant, but excludes the right of appeal to judicial courts. 43 The Committee therefore
concludes that the author has failed to sufficiently substantiate his claims under article 13,
and declares this part of the communication inadmissible under article 2 of the Optional
Protocol.
8.
The Committee therefore decides:
(a)
Protocol;
(b)
42
43
That the communication is inadmissible under article 2 of the Optional
That the decision shall be transmitted to the State party and to the author.
See, for example, communication No. 2115/2011, I.A.K. v. Denmark, Views adopted on 3 November
2016, para. 9.7.
See communication No. 2288/2013, Omo-Amenaghawon v. Denmark, Views adopted on 23 July 2015,
para.6.4, and general comment No. 32 (2007) on the right to equality before courts and tribunals and
to a fair trial, paras. 17 and 62.
11