CCPR/C/117/D/2415/2014
4.12 The State party submits that, for the purpose of assessing the evidence, under section
40 of the Aliens Act the asylum seeker is required to provide such information as is
necessary for deciding whether section 7 of the Act applies to him or her. It is thus
incumbent upon an asylum seeker to substantiate that the conditions for granting of asylum
are met. If the asylum seeker’s statements appear coherent and consistent, the Refugee
Appeals Board will normally accept them as facts. However, inconsistent statements by the
asylum seeker about crucial parts of his grounds for seeking asylum may weaken his
credibility.
4.13 Regarding the author’s claims under articles 6 and 7 of the Covenant, the State party
submits that the author has failed to establish a prima facie case for the purpose of
admissibility of his communication, and there are no substantial grounds for believing that,
if returned to Pakistan, the author would be in danger of being deprived of his life or being
subjected to torture or other cruel, inhuman or degrading treatment or punishment. The
State party submits that this part of the communication is manifestly ill-founded and should
be considered inadmissible.
4.14 Regarding the author’s claim under article 14, the State party refers to the
Committee’s Views, under which proceedings related to the expulsion of an alien do not
fall within the ambit of a determination of “rights and obligations in a suit of law” within
the meaning of article 14 (1) but are governed by article 13 of the Covenant 6 and submits
that this part of the communication should therefore be considered inadmissible ratione
materiae pursuant to article 3 of the Protocol.
4.15 Regarding the author’s claim under article 18, arguing that a decision to deport him
to Pakistan “is against a right to political freedom”, the State party notes that, under article
18, everyone has the right to freedom of thought, conscience and religion and submits that
the author has failed to provide any details of how the State party has or would have any
responsibility in that connection. The State party submits that this part of the
communication should be considered manifestly ill-founded and therefore inadmissible,
since the author has failed to establish a prima facie case under article 18 of the Covenant
and has not sufficiently substantiated that there are substantial grounds for believing that his
rights will be violated by his return to Pakistan.
4.16 The State party further observes that the author does not claim his rights under
article 18 were violated while in the State party’s territory or in an area under its effective
control or due to the conduct of the State party authorities, and in his communication the
author is seeking to apply the obligations under article 18 of the Covenant in an
extraterritorial manner. The State party submits that the Committee lacks jurisdiction over
the relevant violation with respect to the State party and this part of the communication is
incompatible with the provisions of the Covenant. The State party submits that it cannot be
held responsible for violations of article 18 expected to be committed by another State party
outside the territory and jurisdiction of the State party. The State party considers that
extraditing, expelling or otherwise removing a person in fear of having his rights under
article 18 violated by another State party will not cause such irreparable harm as that
contemplated by articles 6 and 7 of the Covenant, and submits that this part of the
communication should also be rejected as inadmissible ratione loci and ratione materiae
pursuant to rules 96 (a) and (d) of the Committee’s rules of procedure and article 2 of the
Optional Protocol.
6
6
See communications No. 2007/2010, in J.J.M. v. Denmark, Views adopted on 26 March 2014, para.
8.5, and No. 2186/2012, Mr. X and Ms. X v. Denmark, Views adopted on 22 October 2014, para. 6.3.