CCPR/C/118/D/2204/2012
consider that the facts of the communication raise issues under this article of the Covenant.
The Committee is therefore of the opinion that this part of the communication is not
substantiated and is inadmissible under article 2 of the Optional Protocol.
10.10 The Committee therefore declares the communication admissible, insofar as it
appears to raise issues under articles 7 and 18 of the Covenant and proceeds with its
consideration of the merits.
Consideration of the merits
11.1 The Committee has considered the communication in the light of all the information
made available to it by the parties, as provided under article 5 (1) of the Optional Protocol.
11.2 The Committee notes the author’s claim that as a person affiliated with Falun Gong,
she would face persecution, imprisonment and torture if she were forcibly returned to China
and that she would only be able to live in China if she continued not to practise her religion
in public. It also notes the State party’s observations that the Refugee Appeals Board
accepted as facts the author’s statements as regards her detention by the Chinese police
owing to her practice of Falun Gong, but could not accept her statement of being wanted by
the Chinese authorities at the time of her departure from China.
11.3 The Committee recalls its general comment No. 31 (2004) on the nature of the
general legal obligation imposed on States parties to the Covenant (para. 12), 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.
The Committee has also indicated that the risk must be personal12 and that there is a high
threshold for providing substantial grounds for establishing that a real risk of irreparable
harm exists. Thus, all relevant facts and circumstances must be considered, including the
general human rights situation in the author’s country of origin.13
11.4 The Committee also recalls its jurisprudence that important weight should be given
to the assessment conducted by the State party’s authorities and that it is generally for the
organs of States parties to the Covenant 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. 14
11.5 In that context, the Committee notes the author’s assertion that the State party’s
authorities have failed to assess as a risk factor what would happen to her if she returned to
China and openly practised Falun Gong. While noting that there are reports of serious
human rights violations in China against Falun Gong practitioners, especially those who
hold a prominent position in the movement, the Committee observes, however, that the
author’s asylum application was thoroughly examined by the State party’s authorities,
which found that she did not demonstrate an actual commitment to the practice of Falun
Gong as a matter of religious or political conviction. In addition, it appeared that the author
had become interested in Christianity during her stay in Denmark and was considering
being baptized. The Refugee Appeals Board also found that the author had made
inconsistent and embellished statements about crucial parts of her motives for seeking
asylum, including her departure and the reason for it. In particular, the author was not able
to describe in detail why she, who had not practised Falun Gong in public or carried out
12
13
14
See, inter alia, communication No. 2393/2014, K. v. Denmark, Views adopted on 16 July 2015, para.
7.3, and communication No. 2272/2013, P.T. v. Denmark, Views adopted on 1 April 2015, para. 7.2.
See, inter alia, X v. Denmark, para. 9.2, and communication No. 1833/2008, X v. Sweden, Views
adopted on 1 November 2011, para. 5.18.
See, inter alia, X v. Denmark, para. 9.2, P.T. v. Denmark, para. 7.3, and X v. Sweden, para. 5.18.
11