CCPR/C/114/D/2343/2014
incompatible with article 2 of the Covenant, and inadmissible under article 3 of the
Optional Protocol.
7.5
The Committee further notes the State party’s objections to the admissibility of the
communication as regards the author’s claims under article 9, as he reportedly tried to use
the Committee as an appellate body to re-evaluate the facts and circumstances of the
asylum claim that was adjudicated by national authorities. The State party also submits, as
regards the author’s statement that one member of Ultras Ahlawy had been killed by the
police while another member of the group had been arrested and charged with having
participated in the Port Said massacre, that this information has not been supported by
evidence. The Committee notes that, according to the State party, the author’s claim that he
would risk an arrest is contradicted by the author’s own statement that he and the other
founders were not well-known figures. The Committee also notes the State party’s
argument that none of the current information on Egypt gives any basis for assuming that
members of Ultras Ahlawy are generally at any particular risk of being subjected to abuse
from the authorities or from supporters of the Muslim Brotherhood. The Committee further
notes that the Danish Refugee Appeals Board found that the information on the arrests of
other members of Ultras Ahlawy in connection with disturbances at an airport does not
indicate any risk of persecution of the author, personally. In these circumstances, and in the
absence of any other pertinent information on file, the Committee considers that the author
has not sufficiently substantiated his claim and consequently finds that this part of the
communication is inadmissible under article 2 of the Optional Protocol.
7.6
Concerning the author’s claim under article 19, the Committee notes the State
party’s argument that the author’s claim is insufficiently substantiated because he submitted
that he had not previously had any conflicts with the Egyptian authorities, and that he had
only availed himself of his right to freedom of expression. In this connection, the
Committee notes that the State party has argued that author’s claim under article 19 is
inadmissible ratione loci and ratione materiae as incompatible with the provisions of the
Covenant because article 19 does not have extraterritorial application, and that the author’s
allegations of a violation of this provision do not rest on any treatment that he has suffered
in Denmark, but rather on consequences that he will allegedly suffer if returned to Egypt.
The Committee also notes that the author has not provided further information to
substantiate his claim, and therefore it considers that the author has failed to sufficiently
substantiate his claim for purposes of admissibility, and that, accordingly, this part of the
communication is inadmissible under article 2 of the Optional Protocol.
7.7
The Committee notes the State party’s argument that the author’s claim under article
7 of the Covenant should be held inadmissible owing to insufficient substantiation.
However, the Committee considers that the author has adequately explained the reasons
why he fears that forcible return to Egypt would result in a risk of treatment incompatible
with article 7 of the Covenant. The Committee is therefore of the opinion that this part of
the communication, raising issues under article 7 of the Covenant, has been sufficiently
substantiated for purposes of admissibility.
7.8
In the light of the foregoing, the Committee considers that the communication is
admissible insofar as it raises issues under article 7 of the Covenant and proceeds with its
examination on the merits.
Consideration of the merits
8.1
The Human Rights Committee has considered the present communication in the
light of all the information made available to it by the parties, as required under article 5 (1)
of the Optional Protocol.
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