CCPR/C/126/D/2346/2014
Committee refers to its jurisprudence, according to which this provision offers asylum
seekers some of the protection afforded under article 14 of the Covenant, but not the right of
appeal to judicial bodies.17 The Committee therefore concludes that the author has failed to
sufficiently substantiate this particular claim under article 13 of the Covenant, and declares
this part of the communication inadmissible under article 2 of the Optional Protocol.
7.8
The Committee further notes that the author also claimed a violation of articles 13 and
26 of the Covenant, since the decision of 6 February 2014 refusing to reopen his asylum
proceedings was made by the secretariat of the Refugee Appeals, with the approval of the
Chair, and not by the Board itself. The Committee also takes note of the State party’s
arguments that the author’s asylum proceedings, including his request that his case be
reopened, were conducted in conformity with Danish law and that he had been treated no
differently than any other person applying for asylum. The Committee observes that the
author had the opportunity to submit and challenge evidence concerning his forcible removal
to Afghanistan and had his asylum application examined by the Danish Immigration Service,
reviewed by the Board and reviewed twice by the Chair of the Board, who, inter alia,
examined the new sur place grounds for granting asylum and the evidence submitted by the
author. The Committee considers, therefore, that the author has not sufficiently substantiated
his claims concerning the procedure before the Board under articles 13 and 26 of the
Covenant for purposes of admissibility and that this part of the communication must therefore
be declared inadmissible in accordance with article 2 of the Optional Protocol.
7.9
Finally, the Committee notes that the author has invoked a violation of article 18 of
the Covenant, without however providing any information, evidence or explanation as to how
his rights under this article would be violated by the State party through his removal to
Afghanistan. The Committee therefore concludes that this part of the communication is
insufficiently substantiated and declares it inadmissible pursuant to article 2 of the Optional
Protocol.
17
14
8.
The Committee therefore decides:
(a)
That the communication is inadmissible under article 2 of the Optional Protocol;
(b)
That the present decision shall be transmitted to the State party and to the author.
See, for example, Omo-Amenaghawon v. Denmark (CCPR/C/114/D/2288/2013), para. 6.4, and S.Z. v.
Denmark (CCPR/C/120/D/2625/2015), para. 7.12. See also, the Committee’s general comment No.
32 (2007) on the right to equality before courts and tribunals and to a fair trial, paras. 17 and 62.