CCPR/C/114/D/2389/2014
2.7
The author notes that decisions of the refugee appeals board are not subject to appeal
before national courts according to article 56 (8) of the Aliens Act, and that he therefore has
exhausted all available domestic remedies.11
The complaint
3.1
The author contends that his deportation would entail a violation of article 7 of the
Covenant. He claims that his deportation to the Islamic Republic of Iran would put him at
risk of being subject to torture or cruel, inhuman or degrading treatment or punishment,
given that he has always lived in refugee camps in Iraq, such as the Al-Tash and Barika
camps, which are considered as affiliated to Kurdish political parties. He argues that he will
be automatically perceived by Iranian authorities as a political activist and supporter of
such parties for the following reasons: (a) his membership of the Kurdistan Freedom Party;
(b) his participation in activities organized by the Kurdistan Freedom Party, the Democratic
Party of Iranian Kurdistan and Komala and in Kurd festivities celebrated in Northern Iraq;
(c) the fact that his father is a member of the Democratic Party of Iranian Kurdistan; and (d)
his own participation in meetings of the Democratic Party of Iranian Kurdistan. He further
argues that there is an intense presence of the Iranian intelligence service in Iraq, and that
Iranian authorities therefore know of any political activity taking place there.
3.2
Similarly, the author claims that the fact that he lived in the Al-Tash and Barika
refugee camps will entail a presumption by the Iranian authorities that he has information
about Kurdish parties active in the camps. In compliance with their common practice, the
Iranian intelligence service will require him to provide information and, if he refuses, he
will be accused of being a spy and be persecuted.
3.3
The author adds that the fact that he is not registered in the Islamic Republic of Iran,
has no identification documents and does not speak Farsi increases the risk or persecution,
in violation of article 7 of the Convention. He mentions that the treatment of returning
Kurds by Iranian authorities is unpredictable and that the risk of being subjected to torture
or cruel, inhuman or degrading treatment or punishment is especially high for persons who
have his profile.
3.4
The author further claims that he supports the Kurdish cause, fighting for an
independent Kurdistan and the rights of Kurds. If returned to the Islamic Republic of Iran,
he will have to refrain from expressing support to the Kurdish cause in order to avoid
persecution, in violation of his freedom of expression.12
3.5
Finally, the author argues that the refugee appeals board, in its decision of 18 March
2014, violated his right to equal protection of the law under article 26 of the Covenant
insofar as the decision of the board to grant asylum to his brother was made solely on the
basis that he had resided in the Al-Tash and Barika refugee camps, as the author himself
had done, and the conditions of his case were similar to those of his brother. The author
therefore considers that the board should have reached the same conclusion in both cases.
The author alleges that the consequences of deportation to the Islamic Republic of Iran
would be very serious because, based on the legitimate expectation that he would be
granted asylum in Denmark, as his brother had been in 2010, he had renounced his refugee
status in Iraq and would therefore not be able to return there.
11
12
The author refers to CERD/C/DEN/CO/17, para. 13.
The author does not make reference to article 19 of the Covenant, but implicitly invokes this article in
his claim.
5