CCPR/C/125/D/2439/2014
alleged risk to his integrity is unsubstantiated. However, the Committee considers that, for
the purposes of admissibility, the author has adequately explained the reasons why he fears
that his forcible return to the Islamic Republic of Iran would result in a risk of treatment
contrary to article 7 of the Covenant owing to his conversion to Christianity. Therefore, the
Committee declares the communication admissible insofar as it raises issues under article 7
and proceeds to its consideration of the merits.
Consideration of the merits
8.1
The Committee has considered the communication in the light of all the information
made available to it by the parties, as provided for under article 5 (1) of the Optional
Protocol.
8.2
The Committee notes the author’s claim that returning him to the Islamic Republic
of Iran would expose him to a risk of irreparable harm, in violation of article 7 of the
Covenant. He alleged that he would face persecution by the Iranian authorities because he
had converted from Islam to Christianity.
8.3
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 (para. 12).
The Committee has also indicated that the risk must be personal 37 and that there is a high
threshold for providing substantial grounds to establish that a real risk of irreparable harm
exists. 38 Thus, all relevant facts and circumstances must be considered, including the
general human rights situation in the author’s country of origin.39 The Committee recalls
that it is generally for the organs of States parties to examine the facts and evidence of the
case in question in order to determine whether such a risk exists, 40 unless it can be
established that the assessment was clearly arbitrary or amounted to a manifest error or
denial of justice.41
8.4
The Committee notes the finding of the Danish Refugee Appeals Board that the
author failed to substantiate that he would be at risk of persecution or abuse by the Iranian
authorities as a result of his conversion, of the alleged judgments issued in absentia by the
Iranian courts, of his participation in demonstrations in Denmark and of the fact that he
does not hold a valid Iranian passport. The Committee also notes that the Refugee Appeals
Board found that the author had failed to substantiate that his conversion was genuine,
despite the existence of a certificate of baptism and letters of support. In this connection,
the Committee observes the inconsistencies found by the Board in the author’s statements.
8.5
In this regard, the Committee considers that when an asylum seeker submits that he
or she has converted to another religion after his or her initial asylum request has been
dismissed in the country of asylum, it may be reasonable for the States parties to conduct an
in-depth examination of the circumstances of the conversion.42 However, the test for the
Committee remains whether, regardless of the sincerity of the conversion, there are
substantial grounds for believing that such conversion may have serious adverse
consequences in the country of origin so as to create a real risk of irreparable harm such as
that contemplated by articles 6 and 7 of the Covenant. Therefore, even when it is found that
the reported conversion is not sincere, the authorities should proceed to assess whether, in
37
38
39
40
41
42
12
K. v. Denmark (CCPR/C/114/D/2393/2014), para. 7.3; P.T. v. Denmark (CCPR/C/113/D/2272/2013),
para. 7.2; and X v. Denmark, para. 9.2.
X v. Sweden (CCPR/C/103/D/1833/2008), para. 5.18.
Ibid. See also X v. Denmark, para. 9.2.
Pillai et al. v. Canada (CCPR/C/101/D/1763/2008), para. 11.4; and Lin v. Australia
(CCPR/C/107/D/1957/2010), para. 9.3.
See, for example, K. v. Denmark, para. 7.4.
Office of the United Nations High Commissioner for Refugees, “Guidelines on International
Protection: Religion-based Refugee Claims under Article 1 A (2) of the 1951 Convention and/or the
1967 Protocol relating to the Status of Refugees”, para. 34. Available at
www.unhcr.org/afr/40d8427a4.pdf.