Advance unedited version CCPR/C/133/D/2458/2014
2.6
On 12 November 2013, the author was sentenced to 40 days in prison and prohibited
to stay in the country for six years. In prison, the author started to read the Bible and he met
Christians, who shared information on Christianity with him and brought him to Church.
2.7
In December 2013, he was released from prison. He started participating in baptism
and Christianity classes. The author intended to be baptised on 31 August 2014.9
2.8
On 30 April 2014, the Danish Immigration Service denied his request for a residence
permit, pursuant to the Aliens Act (Section 7). As reasons for asylum, the author claimed that
he would be persecuted or killed by the Taliban, or the Afghan authorities, if returned to
Afghanistan, because he was accused of distributing Bibles in Afghanistan before fleeing to
Denmark, and also because of his conversion to Christianity pending his asylum application
in Denmark.
2.9
On 16 July 2014, the Refugee Appeals Board rejected his appeal. The Board found
that the applicant lacked credibility, and that he had not explained convincingly his
conversion to Christianity. The company called CTU informed the Danish authorities that
they did not have employment records under the author’s name. The CTU also explained that
the used uniforms and boots were not given in boxes to the employed interpreters but, on the
contrary, the interpreters had to give back their uniforms and equipment when their
employment terminated. The Board also noted that the author did not seek protection from
the Australian authorities prior to his departure10, that there has been a spelling mistake in the
identity card handed-in, since the name of the camp of employment writes “Camp Holand”,
and that his family had not experienced further problems. 11 The author also provided
differing explanations on his travel to Norway in 2003.12
2.10 The author has exhausted all available domestic remedies, as the decisions of the
Refugee Appeals Board are final. The same matter has not been and is not being examined
under another procedure of international investigation or settlement.
The complaint
3.1
The author claims that by deporting him to Afghanistan, Denmark would expose him
to a risk of persecution, based on his religious belief, and to a risk of death and/or torture by
the authorities or the Taliban, in violation of articles 6 and 7 of the Covenant. The State party
must not remove the applicants to another state if “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.”13
3.2
The author also claims that Denmark has violated his rights under article 14 of the
Covenant since he has been subject only to an administrative procedure and has been denied
access to a court, as no appeal against the Refugee Appeals Board’s decision is possible
before the Danish courts. In addition, he contends that his right to a fair trial has been violated,
as the Board refused his requests to call a witness 14 who could prove the veracity of his
asylum motive sur place (conversion to Christianity), and to enquire about his employment
history with the main employer, the International Management Services (IMS), that recruited
him in Afghanistan. The Danish authorities requested an explanation only from the CTU,
which have a reason not to want to help him. The Board had a doubt about the fact why the
author did not ask for assistance from the Australian authorities. The author asserts that the
Australian authorities made up the problem for him, and when he requested their support,
9
10
11
12
13
14
The author provides a letter of the Vicar of Grønnevang Church Mr. Jens Kennet, which states he is
attending Church regularly, serves as an interpreter there, and will be baptised on 31 August 2014.
There is no reason to believe that the Australian army would not confirm employment of the author at
a time when they apparently allowed the interpreters, who had worked for their forces in Afghanistan,
to immigrate to Australia.
However, the author claims that he has not spoken to his family for more than a year and four months.
The author is registered on Eurodac-hit on 27 December 2003 in Norway. His request for asylum in
the country was rejected.
General Comment No. 31: The Nature of the General Legal Obligation Imposed on States Parties to
the Covenant (2004), para. 12; General Comment No. 20: Prohibition of torture or other cruel,
inhuman or degrading treatment or punishment (1992), para. 9.
A missionary who could testify about his faith.
3