CAT/C/49/D/464/2011
Annex
Decision of the Committee against Torture under article 22 of
the Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (forty-ninth session)
concerning
Communication No. 464/2011
Submitted by:
K.H. (represented
Hansen)
by
counsel,
Alleged victim:
The complainant
State party:
Denmark
Date of complaint:
7 February 2011 (initial submission)
Niels-Erik
The Committee against Torture, established under article 17 of the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Meeting on 23 November 2012,
Having concluded its consideration of complaint No. 464/2011, submitted to the
Committee against Torture by Niels-Erik Hansen on behalf of K.H. under article 22 of the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment,
Having taken into account all information made available to it by the complainant,
his counsel and the State party,
Adopts the following:
Decision under article 22, paragraph 7, of the Convention against
Torture
1.1
The complainant is K.H, a national of Afghanistan, born on 26 July 1975. He
currently resides in Denmark. He claims that his return to Afghanistan by Denmark would
violate article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment. He is represented by counsel, Niels-Erik Hansen.
1.2
On 15 June 2011 and 8 June 2012, the Rapporteur on new complaints and interim
measures decided, on behalf of the Committee, not to issue a request for interim measures
pursuant to rule 114 (former rule 108) of its rules of procedure (CAT/C/3/Rev. 5).
The facts as presented by the complainant
2.1
The complainant is an ethnic Pashtun and of the Sunni Muslim faith. He used to live
in the village of Kala Sheikh in the Chaparhar district of Nangarhar province, Afghanistan.
He has been married twice and has five children with his second wife. He is illiterate and
has never been involved in any political or religious party, nor did he take part in
demonstrations. However, his father and his brother used to work for the Government, until
the mujahideen came to power and fought against the Hezb-e-Islami forces. He alleges that
2