CCPR/C/121/D/2419/2014 Author’s comments on the State party’s observations 5.1 On 19 January and 13 April 2015, the author submitted his comments on the State party’s observations. He argues that he attends church on a weekly basis 10 and that as a result of his conversion he has been harassed by inmates at the Ellebaek asylum centre. 5.2 With regard to his claims under articles 13 and 26, the author submits he has had no opportunity to challenge the decision of the Refugee Appeals Board before a court. This is in violation of basic principles of the rule of law and discriminatory since no other persons than asylum seekers are denied the right to appeal against a decision of the Board. Moreover, the issue of conversion was never assessed by the Danish Immigration Service. 5.3 The author submits that, because he was in great personal pain in 2013, he opened up his mind to receive help from another source. That process is well known among converts, and consequently his spiritual transformation happened during that year at the Kronborg church, where he was also baptized. He now considers himself Christian and lives openly as such. He practises his faith while in detention and would continue to practise his faith even if returned to Afghanistan. Therefore, if deported, he would be persecuted in his country of origin. He claims that, since he has lived in the West for many years, he risks being perceived as conducting himself in ways that are contrary to Islamic rules and as being supportive of the international community. He also claims that that the security situation in Afghanistan has worsened, that the Afghan authorities are unable to protect citizens11 and that persecution of non-Muslim believers takes place even in Kabul. Consequently, if returned to Afghanistan, his life would be at risk and he would risk being subjected to severe ill-treatment. Additional information From the State party 6.1 On 17 May 2016, the State party informed the Committee that, on 13 May 2016, the Refugee Appeals Board ex officio decided to reopen the author’s case for consideration at an oral hearing before a new panel. 6.2 On 6 and 14 September 2016, the author submitted to the Refugee Appeals Board written briefs in the case. At the hearing before the Board, the author submitted, inter alia, that in Afghanistan he would be considered an apostate and a non-believer; that he might be at risk of being killed; that he had converted to Christianity because he had originally been a Shia Muslim; that, where he came from, Shia Muslims were considered bad persons and not real Muslims; and that, at the original hearing with the Board, he had not disclosed his interest in Christianity because he had not been asked about it. He also denied having stated in the interview with the Danish Immigration Service that he would rather change religion to avoid returning to Afghanistan. The author further stated that, in the Ellebaek asylum centre, he had been harassed by some Muslim Afghans, which is why he had subsequently been transferred to another accommodation centre, where he had also been subjected to harassment; that in Denmark many Afghans who had learned about his conversion to Christianity were against it; that some of those Afghans had been returned to Afghanistan; that he had also told a friend in Afghanistan about his conversion; and that people in Afghanistan were therefore aware of his conversion. 10 11 6 The author provides copies of a letter dated 21 June 2014 from the priest of the Kronborg church, and two letters dated 23 June and 17 July 2014 from the priest of Persian Church Cyrus, in which it is stated that the author had attended church services in the Netherlands and had participated in Bible studies in the refugee detention centre in Rotterdam. The author also submits a letter dated 14 January 2014 from the pastor of the St. Nicolai Church, stating that the author had attended worship services since 5 October 2014 and had participated in other church activities. The pastor notes that it was his impression that the author had a genuine commitment to the life and worship of the Christian church, and that it had been brought to his knowledge that the author had been harassed by Muslim inmates in the asylum centre. The author refers to an article dated 21 February 2015, available from https://kabulblogs.wordpress.com/2015/02/21/afghan-minister-for-refugees-and-repatriation-stopdeportation-to-afghanistan/.