CCPR/C/119/D/2338/2014
against asylum seekers, since all other decisions by administrative bodies can be appealed
before courts pursuant to the State party’s law. It also notes the State party’s statement that
the author has been treated equally to any person applying for asylum before its authorities,
whatever their race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status. The Committee observes that the author has not
provided any further arguments on this part of the complaint, and therefore considers that
he has failed to sufficiently substantiate his claims under article 26 and declares this part of
the communication inadmissible under article 2 of the Optional Protocol.39
6.9
The Committee further notes the author’s claims that the decisions of the Refugee
Appeals Board are the only decisions that are final without possibility of appeal before the
national courts; that the Board lacks impartiality and independence and that therefore the
request to reopen the case should have been decided by the Danish Immigration Service
and not by the Board, taking into account that the latter had already rejected a request
submitted by the author to reopen the case on the grounds of his conversion to Christianity.
The Committee also notes the author’s submission that the Board refused to receive the
testimony of his friend without providing any legal reasoning, and that the State party has
thus violated the author’s rights under article 14 of the Covenant. In that regard, the
Committee refers to its jurisprudence that proceedings relating to aliens’ expulsion do not
fall within the ambit of a determination of “rights and obligations in a suit at law” within
the meaning of article 14 (1) but are governed by article 13 of the Covenant. 40 Furthermore,
the latter provision offers to asylum seekers some of the protection afforded under article
14 of the Covenant, but not the right of appeal to judicial courts. 41 The Committee therefore
concludes that this claim is inadmissible ratione materiae under article 3 of the Optional
Protocol. The Committee also considers that even if the author had invoked article 13 of the
Covenant, his claims on this issue are insufficiently substantiated.
7.
The Committee therefore decides:
(a)
Protocol;
That the communication is inadmissible under articles 2 and 3 of the Optional
(b)
That the present decision shall be transmitted to the State party and to the
author.
39
40
41
10
See, for example, communication No. 2115/2011, I.A.K. v. Denmark, decision of inadmissibility
adopted on 3 November 2016, para. 9.7.
See, for example, communication No. 2291/2013, A and B v. Denmark, Views adopted on 13 July
2016, para. 7.3; X v. Denmark, para. 8.5.
See communication No. 2288/2013, Omo-Amenaghawon v. Denmark, Views adopted on 23 July
2015, para. 6.4; general comment No. 32 (2007) on the right to equality before courts and tribunals
and to a fair trial, paras. 17 and 62.