CCPR/C/118/D/2204/2012
believe that the author’s removal to China would expose her to a real risk of a violation of
her right to life. The author’s contentions in this respect are general allegations mentioning
the risk of persecution and imprisonment, which could ultimately lead to her death due to
torture, without indicating however that she has experienced any direct threat to her life. In
these circumstances, the Committee considers that the author has not sufficiently
substantiated her claims under article 6 of the Covenant and therefore declares this part of
the communication inadmissible pursuant to article 2 of the Optional Protocol.
10.5 Concerning the author’s claims under article 14 of the Covenant that she was unable
to appeal the negative decisions of the Refugee Appeals Board to a judicial body, the
Committee refers to its jurisprudence that proceedings relating to the expulsion of aliens do
not fall within the ambit of a determination of “rights and obligations in a suit at law”
within the meaning of article 14 (1) but are governed by article 13 of the Covenant. 8
Furthermore, the latter provision offers to asylum seekers some of the protection afforded
under article 14 of the Covenant, but not the right of appeal to judicial courts. 9 On that basis
the Committee concludes that the author’s claims under article 14 are inadmissible ratione
materiae under article 3 of the Optional Protocol.
10.6 With regard to the author’s claims under articles 2 and 26 of the Covenant that the
State party is discriminating against her on the grounds of her national origin and her status
as an asylum seeker, the Committee notes that she has failed to provide sufficient
substantiation in support of her claims and, consequently, considers this part of the
communication inadmissible under article 2 of the Optional Protocol.
10.7 The Committee notes the State party’s argument that the author’s claims with
respect to articles 7 and 18 of the Covenant should be declared inadmissible, owing to
insufficient substantiation, and its objections with regard to the extraterritorial application
of article 18 of the Covenant. The Committee notes that the author has explained that the
reasons she feared being returned to China were based on the detention and treatment that
she had allegedly suffered as a result of her religious beliefs, and on country information
concerning the ill-treatment of Falun Gong practitioners. The Committee finds that for the
purposes of admissibility, the author has provided sufficient details regarding her personal
risk of cruel, inhuman or degrading treatment or punishment as an alleged Falun Gong
practitioner if she were returned to China and therefore finds the author’s claims under
article 7 admissible. 10 As for the allegations concerning a violation of article 18, the
Committee considers that they cannot be dissociated from the author’s allegations under
article 7, which must be determined on the merits. 11
10.8 As to the author’s separate claim that her detention from 24 October 2012 until late
November 2012 with a view to her being deported to China constituted inhuman treatment
due to her previous detention and torture in China and thus violated her rights under article
7 of the Covenant, the Committee considers that the author has failed to provide any
information to substantiate this allegation. Accordingly, the Committee concludes that this
part of the communications is insufficiently substantiated, for purposes of admissibility and
is therefore inadmissible under article 2 of the Optional Protocol.
10.9 With regard to the author’s claim under article 27 of the Covenant, the Committee
notes that the author has failed to provide sufficient information to enable the Committee to
8
9
10
11
10
See, inter alia, communication No. 2291/2013, A and B v. Denmark, Views adopted on 13 July 2016,
para. 7.3.
See, inter alia, communication No. 2288/2013, Omo-Amenaghawon v. Denmark, Views adopted on
23 July 2015, para. 6.4, and general comment No. 32 (2007) on the right to equality before courts and
tribunals and to a fair trial, paras. 17 and 62.
See communication No. 1957/2010, Z.H. v. Australia, Views adopted on 21 March 2013, para. 8.6.
See communication No. 2007/2010, X v. Denmark, Views adopted on 26 March 2014, para. 8.4.