CCPR/C/121/D/2770/2016
8.3
The Committee recalls its general comment No. 31 (2004) on the nature of the
general legal obligation imposed on States parties to the Covenant (para. 12), in which it
refers to the obligation of States parties not to extradite, deport, expel or otherwise remove
a person from their territory where there are substantial grounds for believing that there is a
real risk of irreparable harm, such as that contemplated by article 7 of the Covenant. The
Committee has also indicated that the risk must be personal and that the threshold for
providing substantial grounds to establish that a real risk of irreparable harm exists is
high. 41 The Committee further recalls its jurisprudence according to which considerable
weight should be given to the assessment conducted by the State party and that it is
generally for the organs of the States parties to the Covenant to review and evaluate facts
and evidence in order to determine whether such a risk exists, 42 unless it is found that the
evaluation was clearly arbitrary or amounted to a denial of justice. 43
8.4
The Committee notes that according to the author, he fled the Syrian Arab Republic
in March 2015 and entered Greece in April of the same year. The Committee notes the
author’s allegations that upon arrival on the Greek island of Chios, he was apprehended by
the local authorities and placed in a closed facility where his fingerprints were taken
because he had entered the country illegally and that after a few days he was allowed to
travel to Athens, where he stayed in a hostel for four months, covering the costs himself.
The Committee further notes the author’s claim that when he ran out of funds he became
homeless and lived on the streets for about two months, spending most nights in a large
park. The Committee also notes the author’s allegation that, following the advice given by a
Syrian refugee, he filed a request for asylum in order to require accommodation from the
Greek authorities. However, despite his attempts to contact the Greek authorities for help in
finding accommodation, he was not provided with any assistance. The Committee also
notes the author’s submission that local authorities were extremely aggressive, which gave
him a feeling of rejection. The Committee further notes the author’s allegations that he did
not feel safe in Greece and that he witnessed other refugees being exposed to violence and
robberies, in particular in the park where he was staying, which kept him awake for many
nights. The Committee also notes the author’s claim that he left Greece and travelled to
Denmark out of fear for his safety and because he was unable to provide for himself. The
Committee notes that the author requested asylum in Denmark in August 2015.
8.5
The Committee also takes note of the various reports referred to by the author
highlighting the lack of available places in the reception facilities for asylum seekers and
refugees in Greece under the Dublin Regulation. The Committee notes in particular the
author’s submission that refugees like himself who had already been issued a residence card
and travel documents in Greece were not provided with accommodation by the local
authorities. In this regard, the Committee notes the author’s reference to a decision by the
European Court of Human Rights, 44 according to which the state of extreme poverty of an
individual living in a park in Athens for months without access to food or sanitation
amounted to degrading treatment under the European Convention on Human Rights.
8.6
The Committee further notes the author’s allegation that he is a minor and that he
lied about his age because he had been advised that, as unaccompanied migrant minors
were systematically detained in Greece, he should identify himself as an adult. The
Committee also notes the author’s allegation that, as he was not sure whether the legal adult
age in Greece was 18 or 21, he opted for stating that he was 21 years old and that
consequently he was registered by the Greek authorities as an adult with the false date of
birth of 1 June 1995. The Committee notes the author’s claim that he provided false
information to the State party’s authorities for the same reasons. The Committee further
notes that, in order to support the claim that he is a minor, the author provided the Danish
authorities with a birth certificate and a family book indicating that his real date of birth is 1
41
42
43
44
See communications No. 2523/2105, X v. Denmark, para. 9.2; No. 692/1996, A.R.J. v. Australia,
Views adopted on 28 July 1997, para. 6.6; and No. 1833/2008, X v. Sweden, Views adopted on 1
November 2011, para. 5.18.
See communication No. 1957/2010, Z.H. v. Australia, Views adopted on 21 March 2013, para. 9.3.
Ibid. See also, inter alia, communication No. 541/1993, Simms v. Jamaica, decision of inadmissibility
adopted on 3 April 1995, para. 6.2.
See M.S.S. v. Belgium and Greece, paras. 235 and 264.
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