CCPR/C/115/D/2474/2014
7.4
The Committee recalls its jurisprudence that important weight should be given to the
assessment conducted by the State party and that it is generally for the organs of States
parties to review or evaluate the facts and evidence of the case in order to determine
whether such a risk exists, unless it can be established that the evaluation was clearly
arbitrary or amounted to a manifest error or denial of justice.16
7.5
The Committee notes the author’s assertion that the Court of Appeals erred by
assessing whether he had genuinely converted to Christianity by the date of the Board’s last
administrative decision on 15 December 2011 and not by the date on which the Court
examined the author’s appeal in 2014. The Committee further notes the author’s claim that
the Court of Appeals and the Supreme Court failed to examine testimony from Church
officials that he had a broad understanding of Christianity in November 2011 and failed to
engage an independent expert to assess the genuineness of his conversion. The Committee
observes that although the author argues that the Court of Appeals should have considered
facts arising after 15 December 2011, he does not specify which such facts the Court
allegedly disregarded in its decision dated 12 March 2014. The Committee further notes
that the author has not responded to the State party’s argument that the Court of Appeals
did not limit its assessment to facts that arose before 15 December 2011. The Committee
observes that the Court of Appeals took into account the author’s participation in courses,
conferences, Bible schools and missionary trips since January 2013; his membership in the
Bykirka Church since October 2013; and the fact that the author had participated in seven
to eight “double” teaching sessions with a priest in spring 2012. The Court stated that it
“has also taken into account the development in [the author’s] knowledge and engagement
after his baptism and also to a certain extent after the cut-off point of 15 December 2011”.
Concerning the statements provided by the author dated August and September 2014 from
three Church officials attesting to the genuineness of the author’s belief, the Committee
notes that these statements postdate the decisions of the Court of Appeals and the Supreme
Court and therefore could not have been considered by either of the courts during their
examination of the author’s claims. Moreover, the Committee notes that the Court of
Appeals did take into account earlier testimony provided by each of the three Church
officials and considered that their statements favoured the conclusion that the author’s
conversion was genuine as of 15 December 2011. The Committee notes that the Court of
Appeals nevertheless identified numerous other factors disfavouring the same conclusion. 17
The Committee also notes that the Court separately assessed whether the author’s mere
allegation that he had converted represented a basis for asylum in and of itself and notes
that the author has not contested the Court’s analysis on this issue. 18 The Committee
therefore considers that the author has not demonstrated that the Court failed to take into
account relevant facts or risk factors in its assessment of whether he would be subject to a
risk of treatment contrary to article 7 if returned to Afghanistan and has therefore not shown
that the Court’s assessment was arbitrary or amounted to a manifest error or a denial of
justice in this regard.
7.6
The Committee also takes note of the author’s argument that the Court of Appeals
erred by using a more stringent evidentiary threshold for converts and by failing to apply
the principle according to which asylum seekers should be given the “benefit of the doubt”.
The Committee observes that the Court, using historical data, drew a correlation between
the State party’s asylum policy of allowing internal relocation of Afghan asylum seekers
and a rise in the number of Afghan asylum seekers claiming that they had converted to
Christianity after arriving in Norway. The Committee further takes note that the Court,
citing relevant guidelines proposed by UNHCR, concluded from this correlation that
16
17
18
See, inter alia, K. v. Denmark, para. 7.4 and communication No. 1957/2010, Lin v. Australia, Views
adopted on 21 March 2013, para. 9.3.
See paras. 4.8-4.11 above.
See para. 4.13 above.
15
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