Advance unedited version CCPR/C/133/D/2458/2014
due to the sharia law, if returned. Consequently, the author has established a prima facie case
for the purposes of admissibility.
6.4
The author concludes that his communication should be considered as admissible, in
regard to alleged violations of articles 6, 7, 13, 18 and 26 of the Covenant, since he did not
get a fair trial as concerns his conversion to Christianity, and his fear of persecution for this
reason. Since he could not appeal the decision of the Danish Refugee Board to any other
body, it has amounted to a violation of articles 13 and 26 of the Covenant, asserting that any
other Board decisions may be appealed to the ordinary Danish courts. As to the merits, the
author considers that the Refugee Appeals Board decision of 6 February 2014 30 amounts to a
violation of articles 6 and 7, and of article 13, as well as of article 18 of the Covenant, since
he cannot manifest his religion in Afghanistan.
State party’s additional observations
7.1
On 23 September 2019, the State party reiterated its initial arguments of
inadmissibility and lack of merits, dated 10 March 2015.
7.2
It recalled that on 27 November 2018, the Secretariat transmitted the author’s
additional observations to the Government, dated 19 November 2018. The State party notes
that on 31 December 2018, the Secretariat transmitted another document, originating from
the author’s counsel, dated 26 October 2017 under communication no. 2458/2014. However,
the content of this document did not correspond to the communication at hand and the
submissions therein do not seem to originate from the author. Thus, the State party limits its
observations to the author’s additional comments dated 19 November 2018.
7.3
The State party observes that the author’s additional comments of 19 November 2018
do not provide any new information regarding the author’s personal situation. In this regard,
the Government especially notes that the additional observations do not provide any
information on the author’s personal situation after his return to Afghanistan.
7.4
In his additional comments, the author states that the Board did not consider the
consequences for the author, upon his return to Afghanistan, of his alleged conversion to
Christianity. In this regard, the Government notes that the Board, in its decisions of 16 July
2014 and 25 November 2014, explicitly and specifically assessed the consequences of
returning the author to Afghanistan, including the implications of the author’s alleged
conversion.
7.5
In this context, the State party also observes that the Board did not find it probable
that the author would risk persecution as a consequence of his return to Afghanistan as the
Board did not consider the author’s conversion from Islam to Christianity to be genuine.
7.6
The State party draws the attention of the Committee to the report published by
Landinfo, Afghanistan: Situasjonen for kristne or konvertitter (Afghanistan: The situation of
Christians and Converts), of 4 September 2013,31 on ‘converts of convenience’. It appears
from the report (page 22) that several sources have stated that even if it becomes known in
the country of origin that the relevant person has indicated conversion as his ground for
seeking asylum in another country, this does not mean that the relevant person will become
vulnerable upon his return, as Afghans in general have great understanding for compatriots
who try everything to obtain residence in Europe.
7.7
The author has also referred to communication no. 2423/2014, in which proceedings
before the Board have been reopened because of the emergence of new and substantial
information. In this respect, the State party notes that no new information has emerged in the
author’s case beyond what the Board has already taken into account in its decisions, that the
author did not establish how his case is otherwise comparable to communication no.
2423/2014, and that the author has not established that any errors were made in the Board’s
evaluation of the author’s case.
7.8
The author finally refers to a memorandum of 15 September 2016 from the Danish
Police on the deportation to Afghanistan of four asylum seekers. The State party observes in
30
31
See fn. 28.
In particular pages 19 to 22.
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