CCPR/C/127/D/2654/2015
1.1
The author of the communication is T.D.J., a national of Myanmar born on 26
January 1983. He claims that the State party has violated his rights under articles 7, 13, 18,
19 and 26 of the Covenant. The Optional Protocol entered into force for the State party on
23 March 1976. The author is represented by counsel.
1.2
On 7 October 2015, pursuant to rule 94 of its rules of procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
decided not to issue a request for interim measures.
Factual background
2.1
The author, who is of Kachin ethnicity and a Christian, submits that he was
repeatedly forced to do physical work for soldiers in his area of origin prior to his departure
from Myanmar.1 In September 2006, four soldiers in uniform came to his home and forced
him to accompany them to a camp outside of the town of Sang Gang, where the author was
born. There, he had to transport the soldiers to a newly established camp. The author’s
tractor was heavily loaded with equipment, the area was barely passable and the rain was
pouring, making it difficult for the author to control the vehicle. He consequently lost
control of the vehicle, which tipped over and caused an accident. The soldiers blamed the
author for the accident; they kicked and beat him until he became unconscious. He was
admitted to Mo Mauk hospital, where he stayed for about 13 days. After his discharge from
hospital, the author returned to his home for a few days.
2.2
On 10 November 2006, the soldiers returned to the author’s house looking for him.
Since he was not at home, they told his parents that he should report to them. A few days
later, the soldiers once more unsuccessfully inquired about the author’s whereabouts at his
house.2 After these visits, the author’s father advised him to hide in the mountains because
he was worried that the soldiers could hurt him. The author went to the mountains and
stayed there for about one month. Then, his parents sent him some money to enable him to
leave the country. In January 2007, the author left Myanmar for Malaysia without valid
travel documents. In Malaysia, he received a refugee card from the Office of the United
Nations High Commissioner for Refugees (UNHCR) and worked there for a while to save
enough money for his trip to Europe. In 2010, the author arrived in Romania, where he was
granted “Convention status” on 28 June 2010.3 He stayed there for some time but, given
that he was not employed in Romania and was living in poverty, he left for Denmark. His
Romanian residence permit expired on 6 July 2013.
2.3
The author entered Denmark on 25 August 2011 without valid travel documents and
applied for asylum on 16 September 2011. On 20 December 2011, the Danish Immigration
Service requested the Romanian authorities to take back the author pursuant to article 23 (2)
of the Convention implementing the Schengen Agreement of 14 June 1985 on the gradual
abolition of the common borders. On 28 December 2011, the Romanian authorities
accepted the request and on 22 March 2012 the author was removed to Romania. 4
2.4
On 20 September 2012, the author re-entered Denmark without valid travel
documents.5 On 3 July 2014, the Danish Immigration Service decided that he was to be
expelled from Denmark and banned from re-entry for two years under the relevant
provisions of the Danish Aliens Act claiming that he had stayed and worked in Denmark
illegally.
2.5
On 4 July 2014, the author applied for asylum for a second time in Denmark. On 17
March 2015, the Danish Immigration Service rejected his request. On 29 May 2015, the
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2
3
4
5
2
The author provides no further details about these incidents except for the one that occurred in
September 2006.
The author provides no further details about these visits.
Decision of the Refugee Appeals Board of Denmark dated 29 May 2015. The term “Convention
status” refers to refugee status granted by a State party in fulfilment of its obligations under the 1951
Convention relating to the Status of Refugees. However, it appears from the court documents that the
author, in the context of a quota system, was transferred to Romania and granted a residence permit
on the basis of the refugee status determination assessment carried out by UNHCR in Malaysia.
Decision of the Refugee Appeals Board of Denmark dated 29 May 2015.
Ibid.