CCPR/C/112/D/2243/2013
circumstances occurs since, pursuant to section 50 of the Aliens Act, an expelled alien is
entitled to only one judicial review of the question of expulsion. The author therefore
alleges a violation of article 13 of the Covenant because of the impossibility to have the
expulsion decision reconsidered again, in view of his current personal circumstances.
3.6
The author submits that the State party’s attempts to execute the expulsion decision
by presenting him to the Afghan authorities at border control at Kabul International Airport
constitute a violation of the Tripartite Memorandum of Understanding concluded on 18
October 2004 between the Islamic Transitional State of Afghanistan, the Government of
Denmark and the United Nations High Commissioner for Refugees (UNHCR).
3.7
The author suspects that there might be an agreement between Denmark and
Afghanistan, which may not have been made public and which allegedly came into effect in
December 2012, whereby the Afghan authorities would accept repatriations in
circumstances that do not meet international standards.
3.8
The author maintains that if he is presented at Afghan border control for the purpose
of identification, he would not have access to counsel, and would thus be deprived of an
important safeguard against acts of torture or ill-treatment, in breach of article 7 of the
Covenant.
The State party’s request to review the interim measures
4.1
On 18 July 2013, the author sought additional interim measures, asking the
Committee to request the State party to release him from detention. On 30 July 2013, the
Special Rapporteur on new communications and interim measures denied the request for
additional interim measures.
4.2
In its submission dated 8 October 2013, the State party indicated that the return
scheduled for 13 May 2013 was cancelled further to the Committee’s request to refrain
from returning the author to Afghanistan while his case was under consideration by the
Committee.
4.3
The State party invites the Committee to review its request for interim measures.
The State party indicates that, although the author would possibly suffer personal
inconvenience should he be returned to Afghanistan, there are no special or compelling
circumstances in the case that would cause him to suffer irreparable damage. The State
party notes that the author is not claiming that his safety or life would be in jeopardy if he is
returned to Afghanistan. Furthermore, he would not be barred from re-admission to
Denmark, should the Committee rule in his favour. The State party refers to the case of
Stewart v. Canada6 and notes that it has, on a previous occasion, re-admitted a person to
Denmark as the consequence of a decision adopted by the Committee against Torture.7
4.4
On 10 October 2013, the author asks the Committee to maintain its request for
interim measures. On 24 October 2013, the author provides detailed information on his
family life and visits to and from his children and ex-wife, which confirms that a real
family life exists to the extent possible for someone in detention. While serving his prison
sentence, the author had regular leaves from prison (up to 48 hours at a time) to visit his exwife and children, who also regularly visited him in prison. Since being in detention
pending his return to Afghanistan, the author has not been allowed to leave the centre, but
his ex-wife and children visit him at least once a week.
6
7
6
Communication No. 538/1993, Stewart v. Canada, Views adopted on 18 March 1994, para. 7.7.
See Committee against Torture, communication No. 464/2011, K.H. v. Denmark, decision adopted on
23 November 2012.