CCPR/C/121/D/2594/2015

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
4 December 2017
Original: English

Human Rights Committee

Views adopted by the Committee under article 5 (4) of
the Optional Protocol, concerning communication No.
2594/2015*, **
Submitted by:

K.S. and M.S. (represented by counsel, J. BruhnPetersen)

Alleged victims:

The authors

State party:

Denmark

Date of communication:

31 March 2015

Document references:

Decision taken pursuant to rules 92 and 97 of the
Committee’s rules of procedure, transmitted to
the State party on 7 April 2015 (not issued in
document form)

Date of adoption of Views:

7 November 2017

Subject matter:

Deportation to Afghanistan

Procedural issues:

Insufficient substantiation of claims

Substantive issues:

Torture or cruel, inhuman or degrading treatment
or punishment

Article of the Covenant:

7

Article of the Optional Protocol:

2

1.1
The authors of the communication are two Afghan nationals: M.S., born in 1949,
and her son, K.S., born in 1993. They are the subjects of a deportation order to Afghanistan.
They claim that their forcible return to Afghanistan would violate their rights under article
7 of the Covenant. The Optional Protocol entered into force for the State party on 23 March
1976. The authors are represented by counsel.
1.2
On 7 April 2015, pursuant to rule 92 of its rules of procedure, the Committee, acting
through its Special Rapporteur on new communications and interim measures, requested
that the State party refrain from returning the authors to Afghanistan while the
communication was pending before the Committee. On 7 October 2015, the State party
requested that interim measures be lifted (see para. 4.8 below). On 24 April 2017, the
Special Rapporteur denied the State party’s request to lift interim measures.
* Adopted by the Committee at its 121st session (16 October–10 November 2017).
** The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland, Olivier de Frouville,
Christof Heyns, Yuji Iwasawa, Ivana Jelić, Marcia V.J. Kran, Photini Pazartzis, Mauro Politi, José
Manuel Santos Pais, Anja Seibert-Fohr, Yuval Shany and Margo Waterval.

GE.17-21545(E)

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