CCPR/C/125/D/2439/2014
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
10 May 2019
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2439/2014*, **
Communication submitted by:
M.B.S. (represented by counsel, the Danish
Refugee Council and, subsequently, Niels-Erik
Hansen)
Alleged victim:
The author
State party:
Denmark
Date of communication:
4 July 2014 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 4 July 2014 (not issued in
document form)
Date of adoption of Views:
29 March 2019
Subject matter:
Deportation to the Islamic Republic of Iran
Procedural issue:
Level of substantiation of claims
Substantive issues:
Risk of torture or cruel, inhuman or degrading
treatment or punishment; non-refoulement
Articles of the Covenant:
6, 7, 13 and 14
Article of the Optional Protocol:
2
1.1
The author of the communication is M.B.S., a national of the Islamic Republic of
Iran born on 20 May 1983. He is seeking asylum in Denmark and is subject to deportation
to the Islamic Republic of Iran following the denial of his application for refugee status by
the Danish authorities. He claims that by forcibly deporting him to the Islamic Republic of
Iran, Denmark would violate his rights under article 7 of the Covenant. He also claims that
his rights under article 13 of the Covenant have been violated in connection with the
hearing of his asylum case by the Danish authorities. 1 The author was initially represented
* Adopted by the Committee at its 125th session (4–29 March 2019).
** The following members of the Committee participated in the examination of the communication: Tania
1
María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Christopher Arif Bulkan, Ahmed Amin
Fathalla, Shuichi Furuya, 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.
In his initial submission, the author invoked article 14 but, on 2 February 2015, he informed the
Committee that he was arguing a violation of article 13 of the Covenant instead of article 14.
GE.19-07693(E)