CCPR/C/121/D/2770/2016
6.2
With respect to the author’s age, the State party recalls the decision of the Refugee
Appeals Board of 30 May 2016, according to which the author did not submit that he was a
minor until his asylum claim had been rejected by the Danish Immigration Service. The
State party also points out that on 26 September 2016, the Board’s decision was upheld by
the Danish Ministry of Immigration, Integration and Housing, as there was no basis for
changing the date registered as the author’s date of birth. Therefore, the State party
reiterates that there are no substantial grounds for believing that the deportation of the
author to Greece would amount to a violation of article 7 of the Covenant.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claims contained in a communication, the Human Rights
Committee must decide, in accordance with rule 93 of its rules of procedure, whether it is
admissible under the Optional Protocol.
7.2
The Committee has ascertained, as required by article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
7.3
The Committee takes note of the author’s claim that he has exhausted all effective
domestic remedies available to him. In the absence of any objection by the State party in
this connection, the Committee considers that the requirements of article 5 (2) (b) of the
Optional Protocol have been met.
7.4
The Committee notes the State party’s challenge to the admissibility of the
communication on the grounds that the author’s claim under article 7 of the Covenant is
unsubstantiated. However, the Committee considers that, for the purpose of admissibility,
the author has adequately explained the reasons for which he fears that his forcible removal
to Greece would result in a risk of treatment in violation of article 7 given his alleged age
and associated vulnerability. The Committee therefore declares admissible this part of the
communication, as it appears to raise issues under article 7.
7.5
The Committee takes note of the author’s allegation that the State party has violated
his rights under article 24 of the Covenant, as the Danish authorities did not take the
necessary measures to protect him because they did not take any action to determine his
real age. The Committee also notes the State party’s argument that article 24 of the
Covenant lacks extraterritorial application. The Committee considers, however, that the
author’s claims under article 24 refer to events that are indissociable from his claims under
article 7. It also considers that part of the author’s claims under article 24 pertain to events
that occurred in Denmark. Accordingly, the Committee declares the communication
admissible, insofar as it raises issues under articles 7 and 24 of the Covenant, read jointly
and separately, and proceeds with its consideration of the merits.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
submitted to it by the parties, in accordance with article 5 (1) of the Optional Protocol.
8.2
The Committee notes the author’s claim that his deportation to Greece, on the basis
of the Dublin Regulation principle of first country of asylum, would expose him to a risk of
irreparable harm, in violation of article 7 of the Covenant, and would violate his rights
under article 24, taking into account that he is a minor. The author bases his arguments,
inter alia, on the conditions he endured while he was in Greece, as well as on the general
conditions of reception for asylum seekers and refugees entering Greece, in particular
unaccompanied minors.40
40
10
See European Union Agency for Fundamental Rights, monthly data collected by the Agency on the
migration situation in the European Union, monthly report 1–30 April 2016; OHCHR, “Migrant
children face grim human rights conditions in Greece”, 13 May 2016; Becatoros, “Council of
Europe: detention of lone minors ‘unacceptable’”.