CCPR/C/125/D/2439/2014
4.7
First, the printouts of the Facebook activities of the author failed to show his
baptism, but showed instead more general Christian messages. Nonetheless, the printouts
showed that all these updates to his Facebook profile had been made within the last half
hour prior to the printing of the images. Given the general lack of credibility of the author,
the Board considered that the Facebook updates were made precisely for the purpose of
making a subsequent printout of the pages that could be used in the author’s asylum case.
4.8
Second, the information provided by the author about alleged reactions to himself
and his family was completely unsubstantiated. Third, the author was baptised on 16
December 2012, but failed to state in connection with the Board hearing one month later,
on 16 January 2013, that he had uploaded photos of his baptism on Facebook. On the
contrary, he declared in his request to reopen proceedings that these updates had been made
immediately after his baptism. He stated that he was happy about being baptised and
wanted to share this with his friends; he had therefore uploaded photos of the ceremony
without thinking of the consequences.
4.9
The Board referred to information according to which Facebook is not monitored on
a systematic basis and many people use Facebook without being concerned about potential
monitoring. 21 The authorities can control activities on Facebook only if a friend of the
individual applicant is an agent of the authorities. Therefore, the notices to appear before an
Iranian court because the author had allegedly converted from Islam could not lead to a
different assessment. In view of their nature and the moment when they were produced,
together with the general facts of the case, these documents appear to have been fabricated
for the occasion. Forged documents, including notices to appear, are widespread and easy
to obtain in the Islamic Republic of Iran. Therefore, the Refugee Appeals Board found no
reason to request an assessment of the authenticity of the documents.
4.10 The Board also considered that the author had failed to render probable that he had
become a person of interest to the Iranian authorities as a result of his participation in three
demonstrations in front of the Iranian Embassy in Copenhagen. The photographs produced
as evidence do not reveal the name of the author and do not show a demonstration in
progress in front of the Iranian Embassy in which the author is a participant, but a staged
scene where the author poses for the photographer holding the material used in the
demonstration. The photographs therefore appear to have been taken for the purpose of
clearly showing the author holding the various material in his hands. In addition, the
photographs were not taken in front of the Iranian Embassy in Copenhagen, but along a
garden belonging to a property located about 100 metres and around a corner from the
embassy, making it invisible from the Embassy. The author has not stated the time of the
demonstration, and there is no available information or documentation regarding the other
demonstrations in which he participated according to his statement.
4.11 After presenting the findings of the decision of 25 November 2014 of the Refugee
Appeals Board, the State party describes the structure, composition and functioning of the
Board,22 as well as the legislation applying to asylum proceedings. 23 It then submits that the
author has failed to establish a prima facie case for the purposes of admissibility under
articles 6, 7 and 14 of the Covenant, in the absence of substantial grounds for believing that
he is in danger of being deprived of his life or subjected to inhuman or degrading treatment
if returned to the Islamic Republic of Iran, or that those provisions have been violated in
connection with the consideration of the author’s asylum case by the Danish authorities.
These parts of the communication are therefore manifestly unfounded and should be
declared inadmissible.
4.12 The practice of the Committee under article 14 of the Covenant is that proceedings
relating to the expulsion of an alien do not fall within the ambit of a determination of
“rights and obligations in a suit at law” within the meaning of article 14 (1), but are
21
22
23
6
Danish Immigration Service, “Update on the situation for Christian converts in Iran: report from the
Danish Immigration Service’s fact-finding mission to Istanbul and Ankara, Turkey and London,
United Kingdom, 25 March to 2 April 2014 and 10 April to 11 April 2014” (Copenhagen, June 2014).
Obah Hussein Ahmed v. Denmark (CCPR/C/117/D/2379/2014), paras. 4.1–4.3.
Sections 7 (1)–(3) and 31 (1)–(2) of the Danish Aliens Act.