CCPR/C/114/D/2329/2014
parties to the Covenant to review or evaluate facts and evidence in order to determine
whether such a risk exists, unless it is found that the evaluation was clearly arbitrary or
amounted to a denial of justice.14 In this connection, the Committee observes that the
Refugee Appeals Board, in reaching its decisions of 9 November 2009 and 20 September
2012, took note of the allegations raised by the author before the State party’s authorities,
including in the interviews with the Danish National Police and the Danish Immigration
Service, and of the documentation submitted by the author in support of his claims, but it
concluded that there were no substantive grounds for asylum, as his accounts were
considered to be unlikely and fabricated for the occasion. In the absence of evidence
establishing that the decisions of the Refugee Appeals Board were manifestly unreasonable
or arbitrary with respect to the author’s allegations, the Committee cannot conclude that the
information before it shows that the author’s removal to the Islamic Republic of Iran would
expose him to a real risk of treatment contrary to article 7 of the Covenant. In the light of
this conclusion, the Committee does not deem it necessary to separately examine the
author’s claims under article 18 and 19 of the Covenant.
8.
The Human Rights Committee, acting under article 5 (4) of the Optional Protocol to
the International Covenant on Civil and Political Rights, is of the view that the removal of
the author to the Islamic Republic of Iran would not violate his rights under articles 7, 18
and 19 of the Covenant.
14
10
See communication No. 1763/2008, Pillai et al. v. Canada, Views adopted on 25 March 2011,
para. 11.4; and communication No. 1957/2010, Lin v. Australia, Views adopted on 21 March 2013,
para. 9.3.