CCPR/C/114/D/2393/2014 employees from western companies working for international forces in Afghanistan are at high risk of assault or murder, with interpreters being at particularly high risk. 5 3.2 The author also claims that his deportation to Afghanistan would violate article 19 of the Covenant. He notes that the right to freedom of expression includes the work as an interpreter with the United States Army, which is perceived by the Taliban as an act of political expression and treason. State party’s observations on admissibility and merits 4.1 In its submission of 19 November 2014, the State party challenges the admissibility and merits of the communication. The State party notes that it is for the author to establish a prima facie case for the purposes of admissibility. The State party argues that the author’s claim under article 7 is manifestly ill-founded and should therefore be declared inadmissible for lack of sufficient substantiation. 4.2 With regard to the author’s claim under article 19, the State party notes that this claim is not based on any treatment that the author allegedly suffered in Denmark or in a territory under Danish jurisdiction. The State party notes that Denmark cannot be held responsible for alleged violations of article 19 by other States. Therefore, the State party argues that the Committee lacks jurisdiction over this claim and should declare it inadmissible for being incompatible with the provisions of the Covenant. The State party cites jurisprudence by the European Court of Human Rights establishing the exceptional character of extraterritorial protection of rights contained in the Convention for the Protection of Human Rights and Fundamental Freedoms .6 The State party also notes that the Committee has never considered a complaint on its merits regarding the deportation of a person who feared violation of other provisions than articles 6 and 7 of the Covenant in the receiving State. The State party argues that extraditing, deporting, expelling or otherwise removing a person in fear of having his rights under other provisions such as article 19 of the Covenant violated by another State party will not cause an irreparable harm as that contemplated by articles 6 and 7. The State party concludes that this part of the communication should be declared inadmissible ratione loci and ratione materiae. 4.3 The State party alleges that, should the communication be considered admissible under article 7, the facts as presented by the author do not reveal a violation of this provision. 4.4 The State party notes that, when assessing whether conditions for granting a residence permit are met under the Danish Aliens Act,7 the RAB takes into account the existence of a well-founded fear of being subjected to specific, individual persecution of a certain severity if returned to the country of origin. In determining whether the fear is wellfounded, the RAB takes into account the information on persecution prior to the asylum seeker’s departure from his or her country of origin and, most importantly, what the asylum seeker’s personal situation will be in case of his return to his or her country of origin. The State party contends that the author’s statements regarding his persecution before his 5 6 7 Denmark, DIS, Report on the DIS fact-finding mission to Kabul: Afghanistan: country of origin information for use in the asylum determination process, 25 February to 4 March 2012. The State party cites the Court’s judgement in the cases Soering v. the United Kingdom of 7 July 1989 (application No. 14038/88) and the decision as to the admissibility of Z. and T. v. the United Kingdom of 28 February 2006 (application No. 27034/05). The State party informs the Committee that, pursuant to section 7 (1) of the Danish Aliens Act, a residence permit will be issued to an alien upon application if they fall within the Convention relating to the Status of Refugees. Pursuant to section 7 (2) of the Aliens Act, a residence permit will also be issued to an alien if they risk being subjected to death penalty or torture or ill-treatment. 5