CCPR/C/113/D/2515/2014
his request and ordered him to leave the State party. On 31 August and 12 November 2013,
the author submitted a request for reconsideration before the Board. Meanwhile, in October
2013, he was taken to the Ellebæk deportation centre, where he claims he attended the
worship services led by chaplain P.B every Thursday and, as a consequence of his Christian
faith, he received threats and was assaulted by other Afghan inmates at the centre.
2.6
On 22 November 2013, the Danish Refugee Board decided to reopen the author’s
case. The author left the deportation centre and continued to study Christianity at the
Lutheran Mission College. On 23 October 2014, the author argued before the Board that he
was at risk of persecution if returned to Afghanistan, since sharia law provided for capital
punishment for those who converted from Islam to Christianity. He further maintained that,
in the light of the assault that had occurred at the Ellebæk deportation centre by some
Afghan inmates, it must be assumed that he would be recognized as Christian in
Afghanistan. In support of his allegations, he offered a certificate of baptism issued by
Saint Lukeʼs Church, a written statement by the principal of the Lutheran Mission College
and a joint statement by six of its students.
2.7
On 27 October 2014, the Danish Refugee Board rejected the author’s request for
asylum and stated that there was no ground for believing that he would be persecuted if
returned to his country of origin. It found that it was unlikely that his alleged conversion to
Christianity was genuine, lasting and firm, and that he would live and practice this religion
upon his return to Afghanistan. Moreover, his limited Christian activities in the State party
could not be known by the Afghan authorities. The Board also noted that he had lived
outside his country of origin for about eight years; that his alleged conversion only took
place after his original asylum request had been dismissed by the Board; and that his
statements about the daily practice of his faith — reading the Bible and participating in the
Church’s activities — were inconsistent with his previous allegations of being illiterate and
lacking skills to speak in other languages, including Danish, than his mother tongue. It also
found that there was no need to call the witnesses offered by the author, including pastor
P.V., since they had already produced written statements.
The complaint
3.1
The author asserts that the State party’s authorities did not assess adequately the risk
that he would be subject to if returned to Afghanistan, notably persecution or torture and
other cruel, inhuman or degrading treatment or punishment, which would violate article 7
of the Covenant. If returned, he would be persecuted owing to his conversion to
Christianity. However, the Danish Refugee Board arbitrarily concluded that his conversion
was not genuine, without taking into account that his interest in Christianity had begun
more than one year before his baptism, which was preceded by several months of
preparation guided by a Christian pastor; that he had openly announced and practised his
Christian faith; and that he had been threatened by other Afghan persons at the Ellebæk
deportation centre. Furthermore, it set aside the statements produced by pastors in
Denmark, who were better placed than the Board members to assess the reality of the
conversion, as they had theological knowledge.
3.2
The Danish Refugee Board focused excessively on the fact that the author provided
contradicting statements as to his ability to read and speak different languages. In that
regard, the author holds that he has been studying and was taught Christianity in Danish
and Farsi. He also maintains that it is well known that converts from Islam are at risk of
persecution in Afghanistan and that, in any case, it is not relevant whether the Afghan
authorities currently know about his conversion.
3.3
As to his claims under article 18, the author argues that, if deported to Afghanistan,
he would not be able to practice his faith, and that the decision of the Danish Refugee
Board could not be based on the assumption that he will hide it. As part of the rights
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