CCPR/C/126/D/2346/2014
proceedings was made by the secretariat of the Board, with the approval of the Chair, and not
by the Board itself.
6.3
In response to those claims, the State party refers to the Committee’s jurisprudence,
which states that article 13 offers some of the guarantees afforded by article 14 (1) of the
Covenant, but not the right to appeal12 or the right to a court hearing. 13 Since the author has
not elaborated any further on the circumstances on which this part of the communication is
based, the State party submits that he has failed to establish a prima facie case for the purpose
of admissibility of his claims under article 13 of the Covenant. This part of the
communication is therefore manifestly ill-founded and should be declared inadmissible.
6.4
Regarding the reopening of asylum proceedings, the State party generally observes
that when the Board has decided a case, the asylum seeker may request the Board to reopen
the asylum proceedings. The power to decide on the reopening of an asylum case is vested
in the Chair, who is always a judge, of the panel that made the original decision in the case
when, according to the contents of the request for reopening, there is no reason to assume
that the Board will change its decision, or the conditions for being granted asylum must be
deemed evidently satisfied.14
6.5
The secretariat of the Refugee Appeals Board assists the Executive Committee in
drafting decisions, which become final when endorsed by the Chair of the Board.
Subsequently, the decision is signed by an employee of the secretariat and delivered to the
asylum seeker. Accordingly, both formally and in practice, decisions on reopening requests
are made by the Chair of the relevant panel. The circumstance that a decision is signed by an
employee of the secretariat does not alter this fact. Consequently, there is no basis for
claiming that decisions refusing requests to reopen are made by the secretariat.
6.6
With reference to its observations of 11 August 2014, the State party submits that the
author has been treated no differently from any other person applying for asylum (see paras.
4.9 and 4.19 above). He has therefore failed to establish a prima facie case for the purpose of
admissibility of his claim under article 26 of the Covenant, as it has not been established that
there are substantial grounds for believing that the author has been subjected to
discrimination. This part of the communication should therefore be declared inadmissible.
6.7
With regard to the author’s alleged conversion to Christianity, the State party finds
that there is no basis for setting aside the assessment by the Refugee Appeals Board that it
would not constitute a violation of articles 6, 7 and 18 of the Covenant to remove the author
to Afghanistan, as it still cannot be considered as a fact that his conversion from Islam to
Christianity is genuine (see paras. 2.15 and 4.12 above). As regards the Board’s assessment
of evidence on the author’s alleged conversion and his other asylum grounds, the State party
refers to its observations of 11 August 2014.
6.8
The State party also draws the Committee’s attention to the fact that public debate in
Denmark in general, and among asylum seekers in particular, has focused to a considerable
degree on the significance of conversion, typically from Islam to Christianity, to the outcome
of an asylum case. It is therefore common knowledge among asylum seekers and other parties
within the field of asylum that information on conversion is considered grounds for asylum
that may, depending on the circumstances, result in the granting of residence if the conversion
is genuine and if it is accepted as a fact that the asylum seeker will practise his new faith upon
return to his country of origin and therefore will be at such a risk of persecution in that country
as to justify asylum.
6.9
Furthermore, the attention of the Committee is drawn to a report by the Norwegian
Country of Origin Information Centre, Landinfo, on the situation of Christians and converts
in Afghanistan published on 4 September 2013 (in Norwegian). Towards the end of the report,
several sources state that, even if it becomes known in the country of origin that a person has
indicated conversion as his grounds for seeking asylum in another country, that does not
12
13
14
See Mr. X and Ms. X v. Denmark (CCPR/C/112/D/2186/2012), para. 6.3.
See Maroufidou v. Sweden (CCPR/C/12/D/58/1979). In this communication, the Committee did not
dispute the assertion that an administrative review of a decision expelling an alien from Sweden did
not amount to a violation of article 13 of the Covenant.
See section 53 of the Aliens Act and rule 48 of the Board’s rules of procedure.
11