CCPR/C/119/D/2602/2015
6.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
6.3
The Committee takes note of the author’s claim that he has exhausted all effective
domestic remedies available to him. In the absence of any objection by the State party in
this connection, the Committee considers that the requirements of article 5 (2) (b) of the
Optional Protocol have been met.
6.4
The Committee notes the author’s claim that the rights protected under articles 12
and 17 of the Covenant will be violated with respect to him and his family in case of their
forced return to Albania as they will be confined to home against their will, will live in
isolation and will be banned from leaving the country for five years. The Committee also
notes the State party’s argument that the author’s claim under articles 12 and 17 of the
Covenant is inadmissible both ratione loci and ratione materiae because these provisions
do not have extraterritorial application and the State party cannot therefore be held
responsible for their violation if committed outside of its territory and jurisdiction by
another State. The Committee further notes the State party’s argument that the author has
failed to substantiate his claims, including by referring to the competent authorities in
Albania. The Committee notes that the author has not provided any further information or
evidence on how his and his family’s rights under articles 12 and 17 of the Covenant have
been or would be violated by the State party through their removal to Albania in a manner
that would give rise to irreparable harm such as that contemplated under articles 6 and 7 of
the Covenant.6 In view of the particular circumstances of the present case, the Committee
considers that the author’s claims under articles 12 and 17 of the Covenant are incompatible
with article 2 of the Covenant, and inadmissible under article 3 of the Optional Protocol.
6.5
The Committee further notes the State party’s challenge to the admissibility of the
communication on the grounds that the author’s claims under article 6 of the Covenant are
manifestly ill-founded. However, the Committee considers that, for the purposes of
admissibility, the author has explained in sufficient detail why his and his family’s safety
could be put at risk upon return to Albania. Accordingly, the Committee declares the
communication admissible insofar as it appears to raise issues under article 6 of the
Covenant and proceeds with its consideration of the merits.
Consideration of the merits
7.1
The Committee has considered the communication in the light of all the information
submitted to it by the parties, in accordance with article 5 (1) of the Optional Protocol.
7.2
The Committee notes the author’s claim that as a male member of the H. family,
which has been involved in an ongoing violent blood feud since 1992 with three other
Albanian families, he would risk persecution and death if he were forcibly returned to
Albania. The Committee also notes the State party’s observation that the Board accepted as
fact that the author was involved in a conflict involving four families in Albania but could
not accept the author’s statement about the extent of the conflict and that he was personally
threatened by it. The Board pointed out that the author’s wife had no separate grounds for
asylum.
7.3
The Committee recalls its general comment No. 31, 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. 7 The
Committee has also indicated that the risk must be personal 8 and that there is a high
threshold for providing substantial grounds to establish that a real risk of irreparable harm
6
7
8
8
See general comment No. 31, para. 12.
Ibid.
See, inter alia, communications No. 2393/2014, K v. Denmark, Views adopted on 16 July 2015, para.
7.3, and No. 2272/2013, P.T. v. Denmark, Views adopted on 1 April 2015, para. 7.2.