CCPR/C/114/D/2389/2014
4.9
The State party considers that the author has not been politically active, even to a
modest extent. He became a member of the Kurdistan Freedom Party three or four months
before departing Iraq and his motivation was not political, but rather linked to his desire to
play football in the Party’s sports section. Furthermore, the author only provided practical
assistance in the organization of Kurdistan Freedom Party meetings. Therefore, the State
rejects the author’s claim that he will be forced to hide his political beliefs if he is returned
to the Islamic Republic of Iran. The State party notes that it does not find as a fact that the
father of the author was a member of the Democratic Party of Iranian Kurdistan, owing to
the author’s divergent statements regarding his father’s political activities, combined with
the fact that his brother did not mention that his father had been a member of the Party
during his asylum proceedings.
4.10 The State concludes, in line with the refugee appeals board, that the author has failed
to render probable his claim that his father had been actively involved in politics in the
Islamic Republic of Iran or that the family’s combined activities in the refugee camps in
Iraq had been of such a nature and intensity that he would be at risk of being subjected to
treatments contrary to article 7 of the Covenant. The State party therefore considers that the
author’s return to the Islamic Republic of Iran will not constitute a violation of article 7. 16
4.11 With respect to the author’s claim regarding the violation of article 26 of the
Covenant, the State party notes that the refugee appeals board bases its decisions on a
concrete and individual assessment of each case, taking into consideration the relevant
background material available at the moment when the decision is made. The State party
further refers to the leading decision made by the refugee appeals board in December 2012,
which changed the practice of the board regarding asylum seekers born and raised in the
Al-Tash refugee camp. The decision established that, regardless of the fact that the asylum
seeker was born and raised in Al-Tash refugee camp, he failed to demonstrate that he would
be at risk of persecution falling within the definition of section 7 (2) of the Aliens Act, if
returned to the Islamic Republic of Iran. The State party notes that the referred decision has
been published on the website of the board and has also been mentioned in the its 2012
report of activities. The State party further indicates that, in 2014, the board reviewed seven
cases of asylum seekers born and raised in the Al-Tash refugee camp and that, in all of
them, the board considered that this fact could not in itself justify granting the asylum. The
State party concludes that the author was not discriminated against by the decision of the
board of 18 March 2014, as it reached a different conclusion from the one reached in his
brother’s case, based on an individual and concrete assessment of the author’s situation
made in compliance with the board’s practice.
4.12 The State party notes that, on 16 May 2014, the refugee appeals board suspended the
time limit for the author’s departure from Denmark until further notice, in compliance with
the Committee’s request. Considering that the author has failed to render probable that, if
returned to the Islamic Republic of Iran, he would be at risk of suffering irreparable
damage, the State party calls on the Committee to lift its request for interim measures.
4.13 On 22 July 2015, the State party provided additional observations reiterating that the
complaint was ill-founded and that the author did not substantiate violations of articles 7
and 26 of the Covenant. Furthermore, the State party stated that the Democratic Party of
Iranian Kurdistan membership card of the author’s father did not prove his militancy in that
party, as the copy provided by the author in January 2015 had been issued on 5 January
2015, after the final decision of the refugee appeals board.
16
8
The State party refers to the Committee’s views in communication No. 2186/2012, Mr. X and Ms. X
v. Denmark, Views adopted on 22 October 2014, para. 7.5.