CRPD/C/25/D/58/2019
Regarding the author’s allegation that his asylum application was assessed only against the
information that he suffers from post-traumatic stress disorder, the Committee considers that
this claim is closely linked to those presented under articles 10 and 15 of the Convention, and
will examine it under those articles.
9.6
In the absence of any other challenges to the admissibility of the communication, the
Committee declares the communication admissible, insofar as it concerns the author’s claims
under articles 10 and 15 of the Convention, and proceeds with its consideration of the merits.
Consideration of the merits
10.1 The Committee has considered the communication in the light of all the information
that it has received, in accordance with article 5 of the Optional Protocol and rule 73 (1) of
its rules of procedure.
10.2 The Committee recalls that article 10 of the Convention stipulates that States parties
reaffirm that every human being has the inherent right to life and shall take all necessary
measures to ensure its effective enjoyment by persons with disabilities on an equal basis with
others. The Committee also recalls that under article 15 of the Convention, State parties shall
take all effective legislative, administrative, judicial or other measures to prevent persons
with disabilities, on an equal basis with others, from being subjected to torture or cruel,
inhuman or degrading treatment or punishment.
10.3 The Committee notes that, in its general comment No. 31 (2004), the Human Rights
Committee refers to the obligation of States parties not to extradite, deport, expel or otherwise
remove a person from their territory where 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
International Covenant on Civil and Political Rights (para. 12). It also notes that the Human
Rights Committee has indicated in its jurisprudence that the risk must be personal 17 and that
there is a high threshold for providing substantial grounds to establish that a real risk of
irreparable harm exists. Thus, all relevant facts and circumstances must be considered,
including the general human rights situation in the author’s country of origin.18 The Human
Rights Committee has emphasized in its jurisprudence that considerable weight should be
given to the assessment conducted by the State, and that it is generally for the organs of States
to review or evaluate the facts and evidence of the case in order to determine whether such a
risk exists, unless it can be established that the evaluation was clearly arbitrary or amounted
to a manifest error or denial of justice.19
10.4 The Committee further recalls its decision in N.L. v. Sweden,20 in which the it found a
violation of article 15 of the Convention on account of the State party’s failure to assess
whether the author would be able to access medical care in Iraq corresponding to her
diagnosis, even though she submitted several medical certificates before domestic authorities
in which her health condition was assessed as severe and life-threatening without the
treatment she was receiving in the State party. The Committee notes that in that decision,
reference was made to the relevant jurisprudence of the Human Rights Committee, 21 the
Committee against Torture22 and the European Court of Human Rights. 23 The Committee
notes that the general principles established in those decisions were reiterated in N.L. v.
Sweden (paras 7.3–7.5) and remain relevant in the assessment of the present case.
10.5 In the present case, the Committee notes the author’s claims that, by deporting him to
Afghanistan, the State party would violate his rights under articles 10 and 15 of the
17
18
19
20
21
22
23
10
X v. Denmark (CCPR/C/110/D/2007/2010), para. 9.2.
Ibid. and X v. Sweden (CCPR/C/103/D/1833/2008), para. 5.18.
See, e.g., K. v. Denmark (CCPR/C/114/D/2393/2014), para. 7.4, and Z.H. v. Australia
(CCPR/C/107/D/1957/2010), para. 9.3
CRPD/C/23/D/60/2019.
Abdilafir Abubakar Ali et al. v. Denmark (CCPR/C/116/D/2409/2014), para. 7.8.
Harun v. Switzerland (CAT/C/65/D/758/2016), paras. 9.7–9.11.
European Court of Human Rights, Paposhvili v. Belgium, paras. 173–174. See also European Court of
Human Rights, Savran v. Denmark, in which the Court held that removing the applicant to Turkey
without the receipt by the Danish authorities of sufficient and individual assurances on his care in
Turkey would violate article 3 of the European Convention on Human Rights.