CCPR/C/119/D/2602/2015
4.4
In the light of the above, the Board did not accept the author’s explanations about
the extent of the conflict. The Board rejected the author’s request to stay the proceedings
pending his request for a statement from the family conflict mediator, considering that
letters from blood feud communities “circulated widely”. With regard to the author’s wife,
the Board emphasized that she referred solely to the author’s grounds for asylum without
claiming that she had independent grounds for asylum. The Board therefore found that the
author and his family had failed to demonstrate that they would face a specific and personal
risk of persecution or that they would be at a real risk of ill-treatment, as specified in
section 7 of the Aliens Act.1
4.5
On 25 February 2015, the Board refused to reopen the asylum proceedings in the
author’s case, relying on its decision of 11 June 2014. The Board observed that it accepted
as true the author’s statement on the actual sequence of events, but was unable to accept his
claims regarding the extent of the conflict with the other families. It upheld the decision
that the conflict was of a private-law nature and that the author would have to seek the
protection of the local authorities in that respect. The Board also noted that the author had
not been personally contacted or threatened by members of the other families for a very
long period of time, that the killings committed as part of the conflict had been investigated,
which had resulted in the perpetrators being convicted, and that the author had not applied
for asylum during his stay in Italy but had returned to, and taken up residence in, Albania.
The fact that the author was the sole remaining male member of his family in Albania did
not change the Board’s conclusion. Furthermore, the Board found that the attempt to kill
the author’s nephew on 16 August 2014 had no connection with the author’s case and that
the letter issued by Asylret on 27 October 20142 and the incident itself appeared fabricated
for the occasion. For the same reason, it gave no weight to the letters of the Albanian
Human Rights Group in support of the author’s application. It rejected the author’s
argument about his eligibility for subsidiary protection under European Union legislation
on the ground that such rules on subsidiary protection were not part of Danish law. In the
circumstances, the Board concluded that the author and his family had failed to prove that
there would be a real risk of persecution or abuse in case of their forced return to Albania,
within the meaning of section 7 of the Aliens Act.
4.6
The State party provided a detailed description of the tasks and composition of the
Board, proceedings before it, as well as the legal basis of its decisions. 3
4.7
The State party considers that the author has failed to establish that there are
sufficient grounds for believing that his and his family’s lives would be at risk, in case of
deportation to Albania. Therefore, the State party considers that the author’s claim under
1
Section 7 of the Aliens (Consolidation) Act reads:
(1) Upon application, a residence permit will be issued to an alien if the alien falls within the
provisions of the Convention relating to the Status of Refugees (28 July 1951).
(2) Upon application, a residence permit will be issued to an alien if the alien risks the death
penalty or being subjected to torture or inhuman or degrading treatment or punishment in case of
return to his country of origin. An application as referred to in the first sentence hereof is also
considered an application for a residence permit under subsection (1).
2
3
(3) A residence permit under subsections (1) and (2) can be refused if the alien has already obtained
protection in another country, or if the alien has close ties with another country in which the alien
must be deemed to be able to obtain protection.
In a letter dated 27 October 2014, Asyrlet submitted a request for the reopening of proceedings on
behalf of the author and his family. It referred to the attempted murder of the author’s nephew on 16
August 2016, which proved that the conflict had not lost its intensity. It also referred to the letter by
the head of the G. village and the mayor of the municipality of F.K., on file, that the relationships
among the families had not improved. It also referred to a report of the Committee for National
Reconciliation (2013), according to which the police were unable to protect people at risk of being
killed and the legal system was inefficient and sometimes corrupt. It also referred to a statement by an
asylum seeker, a victim of a blood feud, according to which the Danish authorities had passed
information about her asylum case to the Albanian authorities, which registered her family as
criminals and issued them with departure bans. Asyrlet submitted that the author and his family risked
reprisals from the Albanian authorities if their documents were passed on to them.
For a full description, see communication No. 2379/2014, Hussein Ahmed v. Denmark, Views
adopted on 7 July 2016, paras. 4.1-4.3.
5