CCPR/C/119/D/2338/2014
2014 before a panel comprised of members who were different from those who took the
decision of 30 October 2013.
Author’s comments on the State party’s observations
5.1
On 12 September 2014, the author submitted his comments on the State party’s
observations. The author indicates that the State party has two kinds of strategies in relation
to the communications submitted to the Committee regarding asylum proceedings in which
the Refugee Appeals Board has rejected the asylum claim: it requests the Committee to
suspend the case within six months of the presentation of the communication, or it provides
its observations on the admissibility and the merits of the communication to the Committee
after the six months have passed. In the first scenario, the Refugee Appeals Board generally
allows the reopening of the asylum seeker’s case and he or she is granted asylum. 33 In the
second, the State party argues that there have been no flaws in the proceedings before the
Board and requests the Committee to declare the communication inadmissible. The author
further submits that as a recent development, the State party requests not only that the
Committee declare that the communication is inadmissible or that there has not been any
violation of the Covenant, but also that the interim measures issued by the Committee be
lifted. The author considers that these requests have become “standard”, independent of the
circumstances of the case.
5.2
The author considers that there is no reason to lift the interim measures granted in
his case, since in its observations of 29 July 2014 the State party did not provide any new
information that would justify such a decision. On the contrary, as reflected in the
translation of the decision of the Refugee Appeals Board of 16 January 2014 provided by
the State party, the majority of the members of the Board found that the author’s conversion
to Christianity was not genuine, which in the author’s view demonstrates that five members
of the Board — the minority — did not agree and found the author’s conversion genuine. In
this context, the Board’s rejection of the testimony of his friend acquires even more
importance, as his testimony could have made a difference in favour of the author. 34 He
further submits that the State party does not challenge that his friend’s testimony was
rejected, but does not provide any legal basis for such rejection.
5.3
The author also provides a new statement by a priest, dated 11 September 2014,
confirming that the author had been part of the fellowship in the church of apostles in
Copenhagen since the end of 2013. The statement also indicates that the author had been
participating in weekly Bible teaching in English and Farsi for about 10 months and that he
has taken part in a Farsi-language summer camp on the Bible, held from 27 to 31 July
2014.35
Issues and proceedings before the Committee
Consideration of admissibility
6.1
Before considering any claim contained in a communication, the Committee must
decide, in accordance with rule 93 of its rules of procedure, whether it is admissible under
the Optional Protocol to the Covenant.
6.2
As required under article 5 (2) (a) of the Optional Protocol, the Committee has
ascertained that the same matter is not being examined under another procedure of
international investigation or settlement.
6.3
The Committee takes note of the author’s claim that he has exhausted all effective
domestic remedies available to him. In the absence of any objection by the State party in
33
34
35
8
The author refers to the Committee’s decision, adopted on 2 November 2015, to discontinue
communication No. 2320/2013, A.E. v. Denmark.
The author refers to another case in which the asylum seeker was allowed to bring three witnesses to
testify before the Board about his conversion to Christianity and where, as a result, the Board granted
asylum. The author indicates that this was in relation to A.E. v. Denmark.
The author has not provided any comments on the State party’s observations on the admissibility and
merits of the communication.