CCPR/C/117/D/2469/2014
in Zabul. The letter further states that, as a result of his service to the United States army,
the author faced a constant threat while in Afghanistan and would be in danger from
individuals and groups opposed to the United States presence if returned.
5.9
The also author refers to an e-mail dated 24 June 2015 from S.B., one of the pro
bono lawyers providing the author with legal counsel for his special immigrant visa.
Having worked for the United States military, S.B. confirms that, there is nothing unusual
about such date discrepancies, and that awards and letters of appreciation are not intended
to be formal records of employment, and often reflect the dates that particular units were
present rather than the precise dates that the interpreter started or ended working. He also
states that it is not surprising that the author would continue to work with J.S.’s unit even as
he assisted others in the intelligence service.
5.10 The author explains that, by mistake, he mentioned June and July instead of May
and June. The only remaining question is whether he ended his work on 1 May, 31 May or
another date in May 2011. The author does not remember the exact dates, but states that he
went on vacation in Kandahar at the end of May 2011. He then left Kandahar in the middle
of June and was on his way back with his sister and her children at the end of
June/beginning of July 2011, when he left Afghanistan.
5.11 However, the author submits that the essential matter is not the precise date when he
officially terminated his contract as interpreter with the United States forces, but rather the
fact that he had acted as such for almost a year and a half, during which time he had a
conflict with A.M.W., a powerful colonel and owner of construction companies. 10
5.12 The author adds that all employees with contracts with international forces are at
high risk of assault and murder from rebel groups, including the Taliban. Interpreters are at
particular risk as they are seen as “the eyes of the Americans”.
State party’s further observations
6.1
On 24 February 2016, the State party reiterated its previous submission. It recalled
that the refugee appeals board had accepted as a fact that the author had worked as an
interpreter for the American forces, including that the author had interpreted conversations
with A.M.W. However, the board did not accept the author’s allegation that he had
experienced subsequent conflicts with A.M.W. as the board found that the author had made
non-credible and inconsistent statements in this respect. The State party adds that the board
thoroughly examined each of the author’s claims, and particularly analysed the threats
allegedly received by the author in Afghanistan, and had found them to be inconsistent and
implausible on several grounds.
6.2
The State party adds that the statements from two interpreters in support of the
author cannot be considered to provide first-hand information about the alleged conflict of
the author with A.M.W., but merely confirm that a powerful person named A.M.W.
operated in the area, which has not been dismissed by the refugee appeals board.
6.3
The State party maintains that the author has failed to establish a prima facie case for
the purpose of admissibility of his communication under articles 7 and 19 of the Covenant,
and that the communication is therefore manifestly ill-founded and should be considered
inadmissible. Should the Committee find the communication admissible, the State party
maintains that it has not been established that there are substantial grounds for believing
10
The author annexed the testimony of two of his colleagues/interpreters, who provided information on
the author.
9