CCPR/C/117/D/2415/2014
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim contained in a communication, the Committee must, in
accordance with rule 93 of its rules of procedure, decide whether the communication is
admissible under the Optional Protocol.
7.2
The Committee has ascertained, as required under article 5 (2) (a) of the Optional
Protocol, that the same matter is not being examined under another procedure of
international investigation or settlement.
7.3
The Committee notes the author’s claim that his deportation to Pakistan would
expose him to a violation of articles 6 and 7 because of the intelligence services’ interest in
him. The Committee also notes the State party’s argument that the author’s claims with
respect to articles 6 and 7 of the Covenant should be declared inadmissible owing to
insufficient substantiation. The Committee observes that the author’s claims under articles
6 and 7 of the Covenant were thoroughly assessed by the State party’s authorities, which
found that the information submitted by the author about the motive for seeking asylum and
his account of the events that caused his fear of being killed or tortured if returned to
Pakistan was not coherent or credible.
7.4
The Committee recalls its general comment No. 31,7 in which it 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 in articles 6 and 7 of the Covenant. The
Committee has also indicated that the risk must be personal and that the threshold for
providing substantial grounds to establish that a real risk of irreparable harm exists is high. 8
The Committee further recalls its jurisprudence that considerable weight should be given to
the assessment conducted by the State party and that it is generally for the organs of the
States parties to the Covenant to review or evaluate facts and evidence in order to determine
whether such risk exists,9 unless it is found that the evaluation was clearly arbitrary or
amounted to a manifest error or to a denial of justice.10 The Committee observes that the
author disagrees with the factual conclusions of the State party’s authorities, but the
information before the Committee does not show that those findings are manifestly
unreasonable or that the authorities had failed to take properly into account any risk factor.
Moreover, the author has not pointed to any procedural irregularities in the decision-making
procedure by the Danish Immigration Service or the Refugee Appeals Board.
7.5. In the light of the above considerations, the Committee considers that the author has
not sufficiently substantiated the allegations under articles 6 and 7 of the Covenant for the
purposes of admissibility. Accordingly, the Committee considers these claims inadmissible
under article 2 of the Optional Protocol.
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8
See general comment No. 31 (2004) on the nature of the general legal obligation imposed on States
parties to the Covenant, para. 12.
See communications No. 2007/2010, X v. Denmark, para. 9.2; No. 692/1996, A.R.J. v. Australia,
Views adopted on 28 July 1997, para. 6.6; and No. 1833/2008, X. v. Sweden, Views adopted on
1 November 2011, para. 5.18.
See communication No. 1957/2010, Lin v. Australia, Views adopted on 21 March 2013, para. 9.3.
See, inter alia, ibid. and communication No. 541/1993, Errol Simms v. Jamaica, decision of
inadmissibility adopted on 3 April 1995, para. 6.2.