CCPR/C/126/D/2603/2015
subjected to torture on suspicion of working for the Afghan intelligence service and the
United States forces, even if the Taliban could not identify the author with certainty. He
also alleges that after his departure, his family received another threatening letter from the
Taliban, addressed to him. The author submits background information on threats to
persons working with foreign soldiers or the Afghan National Security Forces, as well as to
individuals suspected of supporting “anti-government elements”.
9.3
On the other hand, the Committee notes that the State party challenged the
admissibility and substance of these claims, and that the State party agreed with the
Refugee Appeals Board’s assessment, which, while accepting substantial elements of the
author’s statements as facts, found that the author had failed to establish that there were
substantial grounds for believing that he would be at risk of being killed or subjected to
cruel, inhuman or degrading treatment or punishment if he were returned to Afghanistan. In
particular, the Committee is mindful that the Refugee Appeals Board, in its findings of 18
April 2016, reassessed the author’s statements and found the following to be facts: (a) the
author worked as a soldier and performed first aid at a United States base in Kunar
Province; (b) the Taliban made written threats against the author twice in that connection;
and (c) the author was kidnapped by the Taliban in 2013. However, the Board found that
the threatening letters were not of such a nature and intensity as to render it probable that
the Taliban would continue to contact the author. The Board also considered that the author
had failed to clearly substantiate that his kidnapping was connected to his work for the
United States forces, and noted that he was not identified during his capture. The Board
therefore concluded that the author had not become a high-profile individual as a result of
that kidnapping and that he did not risk continued persecution due to the kidnapping or due
to his former work at the United States base.
9.4
The Committee recalls its general comment No. 31 (2004) on the nature of the
general legal obligation imposed on States parties to the Covenant, in which it refers to the
obligation of States parties not to extradite, deport, expel or otherwise remove a person
from their territory when there are substantial grounds for believing that there is a real risk
of irreparable harm, such as that contemplated by articles 6 and 7 of the Covenant. 17 The
Committee has also indicated that the risk must be personal and that there is a high
threshold for providing substantial grounds to establish that a real risk of irreparable harm
exists. 18 Thus, all relevant facts and circumstances must be considered, including the
general human rights situation in the author’s country of origin.19
9.5
The Committee also recalls its jurisprudence that considerable weight should be
given to the assessment conducted by the State party, and that it is generally for the organs
of States parties to the Covenant to review and evaluate facts and evidence in order to
determine whether such risk exists, unless it can be established that the evaluation was
clearly arbitrary or amounted to a manifest error or denial of justice. 20
9.6
The Committee further recalls its jurisprudence whereby, similarly to the present
case, the issue before the Committee was to consider whether past affiliation with the
international forces in certain countries could indicate a future risk of persecution contrary
to article 7 of the Covenant.21
17
18
19
20
21
Para. 12 of the general comment.
X v. Denmark (CCPR/C/110/D/2007/2010), para. 9.2; A.R.J. v. Australia (CCPR/C/60/D/692/1996),
para. 6.6; and X v. Sweden (CCPR/C/103/D/1833/2008), para. 5.18.
X v. Denmark (CCPR/C/110/D/2007/2010), para. 9.2; and X v. Sweden (CCPR/C/103/D/1833/2008),
para. 5.18.
Lin v. Australia (CCPR/C/107/D/1957/2010), para. 9.3.
In K. v. Denmark (CCPR/C/114/D/2393/2014), the Committee concluded that there was no violation
of the Covenant, considering that the author had failed to provide substantial grounds to support the
claim that he would be exposed to a personal risk if returned to Afghanistan solely on the basis of his
past experience as an interpreter for the United States forces. In coming to that conclusion, the
Committee found it decisive that the domestic courts thoroughly examined the author’s claims,
including the alleged threats he had received, but found them to be inconsistent. In A.H. v. Denmark
(CCPR/C/114/D/2370/2014) however, the Committee found a violation of article 7 by Denmark
establishing that the facts of the case, read in their totality, including the information on the author’s
9