CCPR/C/115/D/2474/2014
ground for refugee status. The author filed an appeal before the Board on 8 September
2009. In May 2010, the author informed the authorities that he had converted to
Christianity and asked the Board to consider his statement that he would be persecuted and
possibly killed upon return to Afghanistan if it became known that he is a Christian.
4.2
On 22 March 2011, the Board, consisting of three members, held a formal hearing
on the complaint. The author and his counsel were present and had ample opportunity to
respond to and comment on questions and other forms of intervention by the Board
members. The Chair of the Board must be a lawyer by training and must also be qualified
to serve as a judge in the public courts. Other Board members are lay persons recruited
from a range of disciplines and are nominated by non-governmental organizations, among
others. On 5 April 2011, the Board decided, by a vote of two to one, to deny the appeal.
The majority, which included the Chair, found that it had not been established with the
requisite degree of probability that the author had a genuine Christian belief and was
therefore not in danger if returned to Afghanistan. The Board’s majority reasoned that the
author:
appeared to have a very low level of reflection about the reasons for his alleged
conversion. … [H]e was repeatedly asked to explain the background to his decision
to convert from Islam to Christianity. As the reason for his conversion, the [author]
stated that he was tired of his father nagging him to pray, fast and read the Koran,
and that things are much freer in Christianity. In the majority’s view, this reason for
converting appears to be very superficial. The [author] was also asked to explain
how he had assessed the consequences of converting. The [author’s] statement that
he had given his heart to Jesus and that he accepted that he could be killed does not,
in the majority’s opinion, give the impression that the [author] has actually
considered the consequences of converting. Reference is made in this context to the
above account of the status of Islam in Afghan society and what consequences the
break with Islam that a conversion represents would actually have for a Muslim.
That the [author] informed his father that he had converted to stop his father
constantly nagging him to pray and read the Koran seems to be very superficial, in
the majority’s opinion. That the [author] has not thought about what consequences
his conversion could have for his family, both practically and emotionally,
strengthens the majority in its view that the appellant has not genuinely converted.
The minority found that the author did have some knowledge of Christianity and that the
areas in which he lacked knowledge could be due to language issues and the fact that the
author was a relatively new convert. The minority also noted that the author had enrolled in
a course to learn more and that individuals in the Christian community could vouch for
him. The minority further found that internal relocation in Afghanistan was not possible
because the author would risk persecution anywhere in his home country because of his
conversion.
4.3
At the author’s request, the Board twice reviewed its decision in 2011 and concluded
each time that there was no ground for reversal. In its decision dated 15 December 2011,
the Board reasoned, in response to the author’s claim that it had not applied the correct
standard of proof, that the phrase “sufficiently substantiated” indicates that the assessment
was not too stringent; a concrete assessment had been made of all the information in the
case and a requirement for a preponderance of probability had not been applied in the
Board’s assessment.
4.4
Concerning domestic legal proceedings, the State party agrees with the decision of
the Borgarting Court of Appeals to reverse the judgement of the Oslo District Court, which
had found that the author was a genuine Christian. The State party cites the full reasoning
of the Court of Appeals, which considered the testimony of country adviser G, who
observed that Islam permeates Afghan society, including its legislation, judicial system,
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