CCPR/C/130/D/2671/2015
7.6
On the other hand, the Committee notes that the State party has challenged the
admissibility and substance of these claims, and that the State party agrees with the
assessment by the Refugee Appeals Board, which, while accepting some elements of the
author’s statements as facts, found that the author had failed to establish that there were
substantial grounds for believing that he would be at a specific and real personal risk of
irreparable harm – namely of being killed or subjected to torture or cruel, inhuman or
degrading treatment or punishment – if he were returned to Afghanistan.
7.7
The Committee recalls paragraph 12 of 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 in articles 6 and 7 of the Covenant. 10 The
Committee has also indicated that the risk must be personal and that there is a high threshold
for providing substantial grounds for establishing that a real risk of irreparable harm exists.11
Thus, all relevant facts and circumstances must be considered, including the general human
rights situation in the author’s country of origin.12
7.8
The Committee recalls that it is generally for the organs of States parties to examine
the facts and evidence of the case in order to determine whether such a risk exists, unless it
can be established that the assessment was arbitrary or amounted to a manifest error or denial
of justice.13
7.9
In the present case, the Committee notes that the Refugee Appeals Board pointed to
several contradictions in the author’s accounts of the facts and that, even though the Board
did not contest the fact that the author had worked for the Afghan Government, it considered
that he was unable to establish that his work had led to a perpetual conflict with the Taliban,
which was allegedly manifested in several verbal and written threats addressed to the author.
The Committee considers that, while the author disagrees with the factual conclusions of the
State party’s authorities, the information before the Committee does not indicate that those
findings were clearly arbitrary or amounted to a manifest error or denial of justice. In this
respect, the Committee notes the alleged errors of interpretation during the asylum hearings,
but also notes that the author failed to explain how and to what extent the allegedly erroneous
interpretation had distorted his statements, which were ultimately deemed inconsistent by the
domestic authorities and which led the authorities to conclude there were no substantial
grounds for believing that returning the author to Afghanistan would constitute a violation of
his rights under articles 6 and 7 of the Covenant. Furthermore, the Committee notes the State
party’s arguments that the author failed to provide any plausible explanation as to why he
had not raised the issue any earlier in the proceedings, especially on occasions when he had
been requested to confirm that he had properly understood the interpreter. The Committee is
mindful of the Board’s reasoning that it did not afford decisive weight to isolated
inconsistencies, but conducted an overall assessment of the author’s statements and other
information available on file.
7.10 The Committee considers that the author has not established a sufficient basis for his
claim that the evaluation of his asylum application by the Danish authorities was clearly
arbitrary or amounted to a manifest error or denial of justice. 14 Consequently, without
prejudice to the continuing responsibility of the State party to take into account the situation
in the country to which the author would be deported and not underestimating the concerns
that may legitimately be expressed with respect to the general human rights situation in
Afghanistan, the Committee considers that, in the light of the available information regarding
the author’s personal circumstances, the author’s claims under articles 6 and 7 of the
10
11
12
13
14
See also A v. Denmark (CCPR/C/116/D/2357/2014), para. 7.4.
For example, A and B v. Denmark, para. 8.3.
Ibid. See also X v. Canada (CCPR/C/115/D/2366/2014), para. 9.3, and X v. Norway
(CCPR/C/115/D/2474/2014), para. 7.3.
For example, K v. Denmark (CCPR/C/114/D/2393/2014), para. 7.4, and I.M.Y. v. Denmark,
(CCPR/C/117/D/2559/2015), para. 7.6.
For example, A v. Denmark, para. 7.4.
7