CCPR/C/123/D/2423/2014
the asylum seeker’s behaviour and activities in connection with, or to justify, his or her
conversion, such as attending a church, being baptized or participating in proselytizing
activities, could have serious adverse consequences in the country of origin so as to put him
or her at risk of irreparable harm.30
8.6
In the present case, the Committee observes that it is not contested that, after starting
to have contact on Skype with a pastor who taught him about Christianity, the author was
baptized on 8 April 2013, participates actively in parish work, and has informed his family
about his conversion. The majority of the Board members also conceded that the author has
knowledge of the Christian faith. Nonetheless, the Committee notes that the Board’s
majority focused its reasoning on the sincerity of the conversion, concluding that the author
had failed to establish that his conversion was genuine because of inconsistencies in his
statements, such as the date of his first meeting with Z.A., the moment when he considered
himself to have converted and his family’s reaction to his conversion.
8.7
In this connection, the Committee recalls that States parties should give sufficient
weight to the real and personal risk that a person might face if deported, and considers that
it was incumbent upon the State party to undertake an individualized assessment of the risk
that the author would face as a perceived Christian in the Islamic Republic of Iran, rather
than relying mainly on a matter of conflicting dates. The Committee notes in particular that
the Danish Refugee Appeals Board did not assess whether the author’s behaviour and
activities in connection with, or to justify, his conversion, including his baptism, his active
participation in the parish, his knowledge of Christianity, and his informing his family of
his conversion, could have serious adverse consequences in the country of origin so as to
put him at risk of irreparable harm.31 In view of the above, the Committee considers that the
State party failed to adequately assess the author’s real, personal and foreseeable risk of
returning to the Islamic Republic of Iran as a convert. Accordingly, the Committee
considers that the State party failed to take into due consideration the consequences of the
author’s personal situation in his country of origin, and concludes that his removal to the
Islamic Republic of Iran by the State party would constitute a violation of articles 6 and 7
of the Covenant.
9.
The Committee, acting under article 5 (4) of the Optional Protocol, is of the view
that the author’s removal to the Islamic Republic of Iran would, if implemented, violate his
rights under articles 6 and 7 of the Covenant.
10.
In accordance with article 2 (1) of the Covenant, in which it is established that States
parties undertake to respect and to ensure to all individuals within their territory and subject
to their jurisdiction the rights recognized in the Covenant, the State party is under an
obligation to proceed to a review of the author’s case taking into account the State party’s
obligations under the Covenant and the Committee’s present Views. The State party is also
requested to refrain from expelling the author while his request for asylum is being
reconsidered.
11.
Bearing in mind that, by becoming a party to the Optional Protocol, the State party
has recognized the competence of the Committee to determine whether there has been a
violation of the Covenant and that, pursuant to article 2 of the Covenant, the State party has
30
31
See S.A.H. v. Denmark (CCPR/C/121/D/2419/2014), para. 11.8. Cf. European Court of Human Rights,
F.G. v. Sweden (application No. 43611/11), judgment of 23 March 2016, para. 156.
Cf. Danish Immigration Service, “Iran: house churches and converts”, February 2018, available at
www.refworld.org/docid/5ab8f2de4.html; United States Commission on International Religious
Freedom, USCIRF Annual Report 2018, Tier 1: USCIRF-recommended countries of particular
concern: the Islamic Republic of Iran, 25 April 2018, available at
www.refworld.org/docid/5b278edb0.html; Home Office (United Kingdom), “Country policy and
information note: Iran: Christians and Christian converts”, March 2018, available at
www.refworld.org/docid/5aa2aa2e7.html; Congressional Research Service (United States of
America), “Iran: politics, human rights, and U.S. policy”, 3 October 2017, available at
www.refworld.org/docid/59e884b44.html; and Austrian Centre for Country of Origin and Asylum
Research and Documentation, “Query response: Iran: House churches; situation of practising
Christians; treatment by authorities of Christian converts’ family members”, 14 June 2017, available
at www.refworld.org/docid/5943a44d4.html.
13