CCPR/C/118/D/2115/2011
Following the rejection of his application by the Danish Immigration Service, the author
obtained a document dated 10 May 2011 that indicated that he was a member of the Party.
4.3
The author stated in the asylum registration report that he had been putting up
election posters around town with a friend in early March 2010 when they were assaulted
by 12 persons; that after the assault he had gone to the hospital and then had reported the
incident to the police. At the Refugee Appeals Board hearing, he stated that he had put up
about 100 posters, that after the assault he had gone to the police station and had reported
the incident, and that he had then gone to the hospital. During the Board hearing,
confronted with the discrepancies between the statement he made in the asylum application
form that 12 persons had participated in the assault and his statement to the Danish
Immigration Service, in which he indicated that 7 or 8 persons had participated, the author
stated that he did not remember how many persons had participated in the assault.
4.4
As to the author’s allegation about the car bomb in March 2010, the State party
points out that at the interview with the Danish Immigration Service the author stated that
he did not know how the perpetrators knew that it was his car when they did not know his
name. To the question of whether the friend of the author who was the second or third
highest ranking member in the party had been the target of murder attempts, the author had
stated that his friend had received threats but that he had not been the target of murder
attempts. As regards the allegation about the threatening letter left at his parent’s home in
June 2010, during the interview with the Service the author stated that he had no idea how
the perpetrators would know where he lived when they did not know his name. To the
question of why somebody would want to harm him when his political profile and his
political work had been so limited, the author stated that he assumed that it was because he
had pushed the assailants’ leader in connection with the assault on 3 or 4 March 2010. The
State party further notes that the author did not explain in detail why more than two months
passed between the incident in December 2010 and his departure from Iraq.
4.5
The State party points out that the Refugee Appeals Board found that the author had
not been able to substantiate, in a coherent and credible manner, his alleged activities for
the Iraqi Nation Party and the assaults and assassination attempts against him, and thus the
risk to which he would be exposed upon his return to his country of origin. The Board had
pointed out inconsistences in the author’s accounts regarding his alleged membership in the
Party, namely, with regard to his joining the Party and the duration of his membership and
whether he remains a member of the party, as well as inconsistencies with respect to the
experiences that he allegedly went through in Iraq, prior to his departure, owing to his
affiliation to the Party (see paras. 2.9 and 4.2-4.4 above). The State party further submits
that the questions of whether the author was a member of the Iraqi Nation Party, and if so,
during what period, are thus arguable.
4.6
The State party provided a detailed description of the asylum proceedings under the
Aliens Act and the Refugee Appeals Board decision-making process and functioning. 3
4.7
Should the Committee declare the communication admissible, the State party
maintains that articles 6 and 7 of the Covenant would not be violated if the author were to
be returned to Iraq. The Refugee Appeals Board conducted a comprehensive and thorough
examination of the evidence in the case. It made its decision under section 7 (2) of the
Aliens Act on the basis of a specific and individual assessment of the author’s motive for
seeking asylum combined with the background knowledge on the general situation in Iraq
and the specific details of the case.
3
See communication No. 2186/2012, X and X v. Denmark, Views adopted on 22 October 2014, paras.
4.8-4.11.
5