CCPR/C/128/D/2984/2017
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
26 May 2020
Original: English
Human Rights Committee
Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 2984/2017*, **
Communication submitted by:
J.B.N.K.
Alleged victim:
The author
State party:
Sweden
Date of communication:
22 May 2017 (initial submission)
Document references:
Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 30 May 2017 (not issued in
document form)
Date of adoption of decision:
13 March 2020
Subject matter:
Deportation from Sweden to Rwanda
Procedural issue:
Level of substantiation of claims
Substantive issues:
Right to life; risk of torture or ill-treatment
Articles of the Covenant:
6 and 7
Article of the Optional Protocol:
3
1.1
The author of the communication is J.B.N.K. He was born on 5 September 1992 and
holds Congolese and Rwandan passports. He claims that the State party would violate his
rights under articles 6 and 7 of the Covenant if he were deported. The Optional Protocol
entered into force for the State party on 23 March 1976. The author is not represented by
counsel.
1.2
On 30 May 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 deporting the author to Rwanda while the communication
was under consideration by the Committee.
Factual background
2.1
The author is of Tutsi ethnicity. He was born in north Kivu in the Democratic
Republic of the Congo.1 His family fled to Rwanda in 1998 owing to the ongoing conflict
* 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:
1
Yadh Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Christof Heyns, Bamariam Koita, Marcia V.J.
Kran, Duncan Laki Muhumuza, Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José
Manuel Santos Pais, Yuval Shany, Hélène Tigroudja, Andreas Zimmermann and Gentian Zyberi.
The author provides a copy of his birth certificate from the Democratic Republic of the Congo.
GE.20-07067(E)