CCPR/C/126/D/2346/2014
experienced any problems with the Afghan authorities. Accordingly, the author appears
inconspicuous and the State party therefore finds that his removal to Afghanistan does not
entail a specific and individual risk of violation of his rights under articles 6 and 7 of the
Covenant by the authorities, the Taliban or others in Afghanistan.
4.16 Regarding the author’s submission that the Refugee Appeals Board has failed to
decide on the issue of an internal flight alternative (see para. 3.3 above), the State party
observes that this issue is irrelevant, considering that the Board has found in its three
decisions on the case – and continues to find – that the author would not be at a specific and
individual risk of being subjected to persecution or abuse justifying asylum under section 7
(1) or (2) of the Aliens Act if he was removed to Afghanistan.
4.17 The State party submits that the Refugee Appeals Board, which is a collegiate body
of a quasi-judicial nature, made its decision of 6 February 2013 based on a procedure during
which the author had the opportunity to present his views, both in writing and orally, to the
Board with the assistance of legal counsel. The Board has conducted a comprehensive and
thorough examination of the evidence in the case. The State party recalls that the Committee
has stated on several occasions that it is generally for the courts of States parties to evaluate
the facts and evidence of a particular case, unless it is found that the evaluation was clearly
arbitrary or amounted to a denial of justice. The State party finds that the Board included all
relevant information in its decisions and that the submission of the communication to the
Committee has not brought to light any information substantiating the author’s claim that he
would risk persecution or abuse if he was removed to Afghanistan.
4.18 The State party recalls that the author is considered not to have given any reasons why
article 18 of the Covenant is relied upon in this case (see para. 4.6 above). For that reason,
the State party submits that the author has failed to establish that he has been deprived of his
rights under article 18. Furthermore, the State party reiterates its position that Denmark
cannot be held responsible for violations of article 18 alleged to be committed by another
State party outside the territory and jurisdiction of Denmark (see paras. 4.7–4.8).
4.19 The State party also submits that the author has been treated no differently from any
other person applying for asylum in terms of race, colour, sex, language, religion, political
or other opinion, national or social origin, property, birth or other status (see para. 4.9 above).
The author has thus not been subjected to treatment contrary to article 26 of the Covenant.
Author’s comments on the State party’s observations
5.1
On 9 February 2016, the author’s counsel informed the Committee that, despite the
author’s forcible removal to Afghanistan, he would continue to represent him before the
Committee, since the power of attorney given to him remained in force. He also stated that
the author was claiming a violation of article 13 instead of article 14 of the Covenant, in that
the author was only allowed an administrative procedure to assess his grounds for being
granted asylum and was denied access to the courts to appeal the Board’s rejection of his
request to reopen the asylum proceedings.
5.2
The author’s counsel does not have any comments in relation to the assessment of the
author’s initial grounds for being granted asylum by the Danish Immigration Service and the
Refugee Appeals Board.
5.3
The author’s counsel recalls that the author’s new sur place grounds for being granted
asylum, his conversion to Christianity in Denmark, was only examined and dismissed by a
person who was a member of the legal staff of the Refugee Appeals Board, with the approval
of the Chair of the Board. It was not therefore the Board as such that made the decision to
reject the request to reopen the author’s asylum proceedings. He argues in this connection
that the author should have benefited from a new oral hearing before the Danish Immigration
Service, which would have allowed him to explain his new sur place grounds for being
granted asylum and he would then have had access to the Board as the second instance to
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