CCPR/C/123/D/2423/2014
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
7 September 2018
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2423/2014*, **, ***
Communication submitted by:
K.H. (represented by counsel, Niels-Erik Hansen)
Alleged victim:
The author
State party:
Denmark
Date of communication:
14 April 2014 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 11 June 2014 (not issued in
document form)
Date of adoption of Views:
16 July 2018
Subject matter:
Deportation to the Islamic Republic of Iran
Procedural issues:
Level of substantiation of claims
Substantive issues:
Risk of torture or cruel, inhuman or degrading
treatment or punishment; non-refoulement
Articles of the Covenant:
2, 6, 7, 13, 14 and 26
Article of the Optional Protocol:
2
1.1
The author of the communication is K.H., a national of the Islamic Republic of Iran
born on 18 May 1988. He is seeking asylum in Denmark and is subject to deportation to the
Islamic Republic of Iran following the Danish authorities’ rejection of his application for
refugee status. He claims that by forcibly deporting him to the Islamic Republic of Iran,
Denmark would violate his rights under articles 6 and 7 of the Covenant. He also claims
that his rights under articles 2, 13, 14 and 26 of the Covenant have been violated in
connection with the hearing of his asylum case by the Danish authorities. The Optional
Protocol entered into force for Denmark on 23 March 1976. The author is represented by
counsel.
* Adopted by the Committee at its 123rd session (2−27 July 2018).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland, Ahmed Amin
Fathalla, Olivier de Frouville, Christof Heyns, Bamariam Koita, Marcia V.J. Kran, Mauro Politi, José
Manuel Santos Pais, Yuval Shany and Margo Waterval.
*** An individual opinion by Committee members Christof Heyns, Marcia V.J. Kran and Yuval Shany is
annexed to the present Views.
GE.18-14769(E)