CCPR/C/128/D/3032/2017
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
22 May 2020
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication
No. 3032/2017*, **, ***
Communication submitted by:
J.I. (represented by counsel, Elin Edin)
Alleged victim:
The author
State party:
Sweden
Date of communication:
31 October 2017 (initial submission)
Document references:
Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 2 November 2017 (not issued
in document form)
Date of adoption of Views:
13 March 2020
Subject matter:
Deportation from Sweden to Afghanistan
Procedural issue:
Level of substantiation of claims
Substantive issues:
Risk of torture, cruel, inhuman or degrading
treatment or punishment; non-refoulement
Articles of the Covenant:
6, 7 and 18
Article of the Optional Protocol:
2
1.1
The author of the communication is J.I., a national of Afghanistan born in 1996. He
claims that his deportation to Afghanistan by the State party would violate his rights under
articles 6, 7 and 18 of the Covenant. The Optional Protocol entered into force for the State
party on 23 March 1976. The author is represented by counsel.
1.2
On 2 November 2017, pursuant to rule 94 of its rules of procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
requested the State party to refrain from returning the author to Afghanistan while his case
was under consideration by the Committee.
* Adopted by the Committee at its 128th session (2–27 March 2020).
** The following members of the Committee participated in the examination of the communication:
Yadh Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Christof Heyns, Bamariam Koita, Marcia V.J.
Kran, Duncan Laki Muhumuza, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany, Hélène
Tigroudja, Andreas Zimmermann and Gentian Zyberi.
*** An individual opinion by Committee member Gentian Zyberi (dissenting) is annexed to the present
Views.
GE.20-06951(E)