CCPR/C/116/D/2327/2014
details and documentary evidence regarding her personal risk of facing death or cruel,
inhuman or degrading treatment or punishment and therefore finds this part of the
communication admissible.14
9.6
With regard to the author’s claims under articles 9 (1) and 26 of the Covenant, the
Committee notes the State party’s argument that its non-refoulement obligations do not
extend to potential breaches of these provisions, and that these claims are therefore
inadmissible ratione materiae under article 3 of the Optional Protocol. The Committee
considers that the author has not clearly articulated how her removal to Bangladesh would
violate the State party’s obligations under these articles. In particular, she has not alleged
facts that indicate that she would be arbitrarily detained or subjected to discrimination if
returned to Bangladesh. The Committee finds that the author has failed to substantiate, for
purposes of admissibility, her allegations under articles 9 (1) and 26. Accordingly, the
Committee declares this part of the communication inadmissible under article 2 of the
Optional Protocol.
9.7
The Committee declares the communication admissible insofar as it raises issues
under articles 6 (1) and 7 and proceeds to consideration of the merits.
Consideration of the merits
10.1 The Committee has considered the communication in the light of all the information
made available to it by the parties, as provided for under article 5 (1) of the Optional
Protocol.
10.2 The Committee notes the author’s claim that she would face ill-treatment or death if
she were removed to Bangladesh owing to threats from S., whose friend and two brothers
murdered her own brother. The Committee also notes the State party’s observations that the
domestic decision makers were not persuaded that the author had been personally targeted,
or would be targeted if she returned to Bangladesh. The Committee further takes note of the
State party’s observation that it is not the Committee’s role to review credibility
assessments made by domestic decision makers.
10.3 The Committee recalls paragraph 12 of its general comment No. 31 (2004) on the
nature of the general legal obligation on States parties to the Covenant, in which it refers to
the obligation of States parties not to extradite, deport, expel or otherwise remove a person
from their territory when there are substantial grounds for believing that there is a real risk
of irreparable harm such as that contemplated by articles 6 and 7 of the Covenant. The
Committee has also indicated that the risk must be personal15 and that there is a high
threshold for providing substantial grounds to establish that a real risk of irreparable harm
exists. Thus, all relevant facts and circumstances must be considered, including the general
human rights situation in the author’s country of origin.16 The Committee recalls that it is
generally for the organs of States parties to examine the facts and evidence of the case in
order to determine whether such a risk exists, unless it can be established that the
assessment was arbitrary or amounted to a manifest error or denial of justice. 17
14
15
16
17
See communication No. 1957/2010, Lin v. Australia, Views adopted on 21 March 2013, para. 8.6.
See, inter alia, communication No. 2393/2014, K. v. Denmark, Views adopted on 16 July 2015,
para. 7.3; and communication No. 2272/2013, P.T. v. Denmark, Views adopted on 1 April 2015, para.
7.2.
See X. v. Denmark, para. 9.2; and communication No. 1833/2008, X. v. Sweden, Views adopted on 1
November 2011, para. 5.18.
See, inter alia, K. v. Denmark, para. 7.4.
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