CCPR/C/119/D/2338/2014
this connection, the Committee considers that the requirements of article 5 (2) (b) of the
Optional Protocol have been met.
6.4
The Committee recalls paragraph 12 of its general comment No. 31 (2004) on the
nature of the general legal obligation imposed on States parties to the Covenant, 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 by articles 6 and 7 of the Covenant.
The Committee has also indicated that the risk must be personal and that there is a high
threshold for providing substantial grounds to establish that a real risk of irreparable harm
exists.36 The Committee further recalls its jurisprudence that considerable weight should be
given to the assessment conducted by the State party, 37 and that it is generally for organs of
States parties to the Covenant to review or evaluate facts and evidence in order to determine
whether such a risk exists unless it is found that the evaluation was clearly arbitrary or
amounted to a manifest error or denial of justice. 38
6.5
In the present case, the Committee notes the State party’s argument that the author
made incoherent and inconsistent statements during asylum proceedings, that the Refugee
Appeals Board made a comprehensive and thorough examination of the evidence submitted
by him, that he is trying to use the Committee as an appellate body to have the factual
circumstances of his asylum application reassessed, and that he has failed to establish a
prima facie case for admissibility purposes regarding the alleged violation of articles 6, 7
and 18 of the Covenant.
6.6
The Committee observes that the author has not identified any irregularities in the
decision-making process, nor any risk factor that the State party’s authorities failed to take
properly into account. It considers that while the author disagrees with the factual
conclusions of the State party’s authorities, he has not shown that they were clearly
arbitrary or manifestly erroneous or amounted to a denial of justice.
6.7
The Committee observes that the author’s original request for asylum on the grounds
of his fear of persecution by the Afghan authorities and by private individuals — his
spouse’s family and A.K. — based on the allegations of the rape and kidnapping of his wife
was rejected by the Danish Immigration Service and the Refugee Appeals Board because he
had failed to establish that he would face any risk to his life or of being subjected to torture
if returned to Afghanistan. The Committee notes that on 1 October 2013, the author
requested the Board to reopen his case on the grounds that he converted to Christianity, and
that the Board rejected this request on 30 October 2013 because he did not adequately
explain why he had decided to convert to Christianity immediately prior to his removal to
Afghanistan. The Committee also notes that on 9 December 2013, the Board decided to
reopen the author’s case, giving him the opportunity to substantiate his new allegations and
submit evidence in their support. It further notes that on 16 January 2014, the Board
dismissed the author’s new allegations because it considered that his conversion to
Christianity was not genuine, as he had not mentioned his interest in any religion until his
original asylum claim was rejected on 31 January 2013. In addition, the Board considered
that the author had failed to provide a reasonable explanation as to why he had decided to
get baptised. The Committee observes that the author’s claims mainly rely on his activities
in a Christian church, which only started after his original asylum claim had been rejected.
In the light of the above, the Committee considers that the author’s claims under articles 6,
7 and 18 of the Covenant have been insufficiently substantiated for the purposes of
admissibility, and concludes that this part of the communication is inadmissible under
article 2 of the Optional Protocol.
6.8
The Committee further notes the author’s claims under articles 26 of the Covenant
that the decision of the Refugee Appeals Board and its procedure constitute discrimination
36
37
38
See, for example, communication No. 2007/2010, X. v. Denmark, Views adopted on 26 March 2014,
para. 9.2.
See, for example, communications No. 2344/2014, E.P. and F.P. v. Denmark, decision of
inadmissibility adopted on 2 November 2015, para. 8.4, and No. 1957/2010, Lin v. Australia, Views
adopted on 21 March 2013, para. 9.3.
See, for example, E.P. and F.P. v. Denmark, para. 8.4.
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