CRPD/C/24/D/49/2018 invites the Committee to take into account that claims relating to the non-refoulement principle can already be lodged with several international human rights institutions. If the Committee takes the view that article 15 of the Convention includes an obligation of nonrefoulement, the State party considers that this obligation should apply only to claims relating to an alleged risk of torture. 4.10 The State party notes that the Convention requires a direct link between the disability of an author and the alleged violation, without creating any new rights, and submits that the communication is based on a number of issues unrelated to the author’s disability, including his Hazara ethnicity, the length of his residence in Sweden and the alleged risk of sexual abuse. The State party argues that this part of the communication should therefore be declared inadmissible ratione materiae. 4.11 To the extent that the author claims that such risk of sexual abuse originates from his disability, the State party notes that such an argument was not raised in the domestic procedure. Nor did the author raise a risk of lack of access to health care required for his disability. This part of the communication is therefore inadmissible for a failure to exhaust domestic remedies. 4.12 On the merits, the State party submits that the author has failed to show that he would personally face a foreseeable, present and real risk of being subjected to treatment in violation of article 15 of the Convention upon return to Afghanistan. The State party notes that Afghanistan is a party to the Convention on the Rights of Persons with Disabilities, the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and refers to reports on the human rights situation in Afghanistan.6 It submits that it does not wish to underestimate the concerns that may be legitimately expressed with respect to the current human rights and security situation in Afghanistan. However, its authorities have evaluated the prevailing situation in relation to the author’s individual circumstances and found that he has not substantiated a need for international protection related to the general security situation in Afghanistan. 4.13 The State party observes that its authorities have thoroughly examined the author’s case, and his claimed personal risk, on the basis of domestic legislation, which is significantly broader in scope than article 15 of the Convention. The author had an initial introductory interview, another interview in the presence of a legal guardian, due to his registration as a minor at the time, and an extensive asylum investigation in the presence of the guardian and a counsel. He was also assisted by an interpreter, whom he confirmed he understood well. His appeals, lodged by a legal counsel, were examined by two courts, and the Swedish authorities additionally examined his claimed impediments to expulsion. The author was moreover invited, through his counsel, to submit observations on the minutes of the interviews and to make submissions and appeals. Therefore, he has had several opportunities to explain the relevant facts and circumstances of his case. 4.14 The State party submits that its authorities have thus had sufficient information to ensure a well-informed, transparent and reasonable risk assessment of his claimed need for protection. It specifies that its authorities have examined the author’s disability in relation to his asserted risk of ill-treatment, contrary to his claim before the Committee, and that there is no well-known general risk for persons with the author’s type of disability. Moreover, given that the Migration Agency and the migration courts are specialized in the field of asylum law and practice, there is no reason to conclude that the outcome of the domestic proceedings was arbitrary or amounted to a denial of justice. As such, it is not for the 6 Report of the Secretary-General on the situation in Afghanistan and its implications for international peace and security (A/73/374-S/2018/824); Home Office of the United Kingdom of Great Britain and Northern Ireland, “Country policy and information note – Afghanistan: Hazaras” (August 2018); United Nations Assistance Mission in Afghanistan, “Midyear update on the protection of civilians in armed conflict: 1 January to 30 June 2018” (15 July 2018); United Nations High Commissioner for Refugees, Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Afghanistan (30 August 2018); European Asylum Support Office, Country Guidance: Afghanistan – Guidance Note and Common Analysis (June 2018); and European Asylum Support Office Country of Origin Information Report: Afghanistan Security Situation (December 2017) and the May 2018 update thereto. 5

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