CCPR/C/122/D/2642/2015
accused of committing two crimes, including the killing of a professor, could not be
considered as genuine according to a memorandum of the Danish Ministry of Foreign
Affairs dated 30 August 2013. The Committee also notes the author’s allegation that he has
never seen such a document and that he is not aware of the way in which the Ministry
conducted the verification of the documents. The Committee, however, notes that the
information available in the file does not enable it to conclude that the author requested at
any point to have access to the memorandum, or would have asked for any clarifications as
to the way it was produced. The Committee further notes the State party’s argument that the
Committee must give considerable weight to the findings of the domestic authorities,
specifically the Refugee Appeals Board, as that body is best placed to assess the facts in the
author’s case.
8.6
The Committee also notes the author’s allegation that, during the asylum
proceedings, he had difficulty concentrating and putting facts in chronological order owing
to trauma, and notes his objections to the way in which the interviews were conducted and
the problems he faced with regard to the interpretation services. The Committee also notes
the State party’s argument that the author agreed with and signed the reports of the
interviews conducted during the asylum proceedings after they were read out to him, and
that one of those reports signed by the author expressly indicated that he had not had any
problems with the interpretation services. The Committee further observes that the author
has not provided any evidence to support his allegation that the inconsistencies reflected
during the asylum proceedings were due to trauma. It also observes that he has not provided
any replies to State party’s argument that he had never mentioned any problems with the
interviewing method or the interpretation services during the asylum proceedings, and that
he had signed the reports of the interviews. The Committee further observes that the author
has not pointed to any procedural irregularities in the decision-making procedure by the
Danish Immigration Service or the Refugee Appeals Board, and therefore considers that,
while the author disagrees with the factual conclusions of the Board, he has failed to show
that they were arbitrary or manifestly erroneous or amounted to a denial of justice. 31
8.7
In the light of the above, the Committee cannot conclude that the information before
it shows that the author would face a personal and real risk of treatment contrary to article 7
of the Covenant in case of his return to Bangladesh.
8.8. The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the author’s deportation to Bangladesh, if implemented, would not violate his rights
under article 7 of the Covenant.
31
12
See, inter alia, Y v. Canada (CCPR/C/116/D/2314/2013), para. 7.6.