CCPR/C/133/D/2458/2014 Advance unedited version
1.1
The author of the communication, dated 31 July 2014, is Mr. M.N. 1 , an Afghan
national born on 22 March 1978. His asylum claim was rejected by Denmark on 16 July 2014
and he was ordered to leave the country within fifteen days. He claims that by deporting him
back to Afghanistan, Denmark would violate his rights under articles 2, 6, 7, 13, 14, 18 and
26 of the International Covenant on Civil and Political Rights (Covenant). The author
requested interim measures from the Committee to halt his deportation. The first Optional
Protocol to the Covenant entered into force for Denmark on 23 March 1976. The author is
represented by counsel, Mr. Niels-Erik Hansen.
1.2
On 9 September 2014, the Committee registered the communication, without issuing
an interim measures request to refrain from deporting the author to Afghanistan while his
communication was under consideration. On 17 September 2014, the author submitted
additional information and reiterated his request for interim measures. On 24 October 2014,
the Committee decided again not to grant the author’s request for interim measures.
The facts as submitted by the author
2.1
The author is a Hazara born in the Logar province, Afghanistan. From the end of June
2011 2 to around October 2012, the author worked as an English-Afghan translator. He
worked for the company called “International Management Services” (IMS), and was first
hired by “Combined Team Uruzgarn” (CTU), to serve as an interpreter for the Australian
military forces in Afghanistan.3
2.2
According to the author, the Australian soldiers used to put the used clothes that they
would not need again in boxes, and the Afghan employees could take them home. Afghan
employees would sometimes sell them on the market. The author sold such boxes twice. In
the late summer 2012, the author took a box of used clothes home, with the intention of
selling it later on. This box also had two Bibles inside.
2.3
In October 2012, the Afghan authorities4 searched the author’s house and found the
two Bibles in the box of clothes. The author claimed that he did not know that the Bibles
were in the box and that they belonged to the Australian soldiers. The Afghan authorities
therefore requested him to provide a written document by the Australian forces confirming
that the books belonged to them. However, the Australian military forces refused to provide
the author with such document. According to the author, they were afraid of the trouble it
could create, if they were accused of distributing Bibles to the population.
2.4
The Afghan authorities let the mullahs deal with this incident, as they are in charge of
religious matters.5 The author was declared as a “mortard”, i.e. a person that is unfaithful to
Islam, who should be arrested6 and executed. On 31 October 2012, the Taliban delivered the
author’s father-in-law a threatening letter addressed to the author.7 The mullahs also tried to
persuade the author’s wife to divorce him. When she refused, they burnt the author’s house,
and people threw stones at her, causing her an abortion.8
2.5
As the author could not go to a court or ask for protection from the Afghan authorities,
he decided to flee alone to Kandahar, where an agent helped him get travel documents. While
his intention was to reach Canada, he flew to Denmark, where he was arrested by the Police
upon arrival on 1 November 2013, since he had no valid travel documents. The author applied
for asylum in Denmark on the same day (1 November 2013).
1
2
3
4
5
6
7
8
2
The author has requested anonymity of his identity.
The author does not specify an exact date.
A letter of recommendation by the Australian army, dated 17 June 2012, which confirms that the
author worked as an interpreter for them, as well as a copy of his interpreter card from CTU, were
provided.
No information on the reasons, why the author’s house was searched, were submitted.
The author indicates that the area, he has lived in is controlled by the Afghan forces, during the day,
and by the Taliban, at night.
The author provides an arrest warrant, issued by the Afghan Police, with an unofficial translation.
The author provides the letter from the Taliban in Pashto, including an unofficial translation.
No further information on these facts have been provided.