CCPR/C/117/D/2462/2014
the Refugee Appeals Board in its decisions of 4 December 2012 and 19 September 2014. It
further draws attention to the jurisprudence of the Committee, according to which important
weight should be given to the assessment conducted by the State party, unless it is found
that the evaluation was “clearly arbitrary” or amounted to “a denial of justice”. 19 The State
party considers that the author does not explain why the assessment would be arbitrary or
otherwise amount to a manifest error or denial of justice in his case. 20 It also recalls that it is
generally for the organs of the State party to examine the facts and evidence of the case in
order to determine whether a risk exists. It further submits that even though the author has
been found to be less than 18 years of age, the Board carried out the necessary assessments
to conclude that the author had the procedural capacity and the necessary maturity to
undergo an asylum procedure. The State party maintains that the Board took the author’s
cultural difference, age, maturity and alleged sexual orientation into account.
6.3
The State party further contests the author’s reference to the views of the Committee
in M.I. v. Sweden, as this case differs from the present case on essential points. In M.I. v.
Sweden, the author’s sexual orientation and her allegations of rape by Bangladeshi
policemen while in detention were not challenged by the State party and the authorities of
the State party had considered it a fact that the author had been subjected to abuse in her
country of origin. In the present case, the State party’s authorities carried out a thorough
assessment of the author’s statements and of the documents provided by the author (see the
decisions of the Refugee Appeals Board of 4 December 2012 and 19 September 2014) and
the Board rejected crucial elements of the author’s statements as being non-credible and
fabricated for the occasion. Accordingly, the Board could not accept as a fact the author’s
statement of his grounds for asylum. In the attached addendum, the State party’s Ministry
of Foreign Affairs confirms that the Daily Banglar Manush appears on the information
portal of the Government of Bangladesh and operates as a local newspaper primarily based
on first-hand sources. However, in its decision of 19 September 2014, the Board considered
only whether the newspaper article produced was deemed to be fabricated for the occasion
and not whether the relevant newspaper existed. The State party considers that the
publication of the article in the Daily Banglar Manush must be considered a fact, but that
the publication would not expose the author to such a level of persecution or abuse that
would justify granting him asylum, because of the limited circulation of the referred
newspaper.
Issues and proceedings before the Committee
Consideration of admissibility
7.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether the case 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 further recalls its jurisprudence to the effect that authors must avail
themselves of all domestic remedies in order to fulfil the requirement of article 5 (2) (b) of
the Optional Protocol, insofar as such remedies appear to be effective in the given case and
19
20
See communication No. 2272/2013, P.T. v. Denmark, Views adopted on 1 April 2015, para. 7.3.
See, for example, communications No. 2393/2014, K. v. Denmark, Views adopted on 16 July 2015,
paras. 7.4 and 7.5, and No. 2426/2014, N. v. Denmark, decision of inadmissibility adopted on 23 July
2015, para. 6.6.
9