CCPR/C/121/D/2594/2015 ranking official in the security forces in Afghanistan. On 17 November 2014, the authors presented new information arguing that K.S., a convinced agnostic, would face an individual risk upon return to Afghanistan, and that the sister’s former husband “would expose K.S. as an apostate”. 2.8 On 19 March 2015, the Refugee Appeals Board rejected the authors’ request to reopen the asylum proceedings. It rejected the information about the sister’s former husband on the grounds that it did not contain a credible explanation as to why such information had not been presented before. The Board concluded that no new important information had been provided to justify a reopening of the case. It also rejected the argument that K.S. would face an individual risk in Afghanistan as an agnostic, by considering that, since the author had not been “active about his views”, he would not face persecution for that reason in Afghanistan, based on several reports according to which a non-believer would not face any problems or sanctions as long as they did not display any lack of respect for Islam.6 In that regard, the Board noted that K.S. had never made any visible public expression of his views on religion or otherwise participated in the public debate, whether in Afghanistan or after his departure. It also noted that K.S. had not initially presented his lack of religious beliefs as grounds for asylum, before either the Danish Immigration Service or the Board, but had merely stated that he was a non-believer. Since the information about the sister’s former husband was dismissed as lacking credibility, the Board did not examine the possibility that the former husband would expose K.S. as an apostate in Afghanistan. 2.9 K.S. notes that he is a member of several Facebook groups supporting free speech, human rights and the rights of atheists and agnostics. In that context, he has repeatedly posted material that could be perceived as insulting to Muslims. That material has received attention both from Afghans in Afghanistan and members of the Afghan diaspora in Denmark. For example, he received a Facebook message from a government official who worked in the Office of the President of Afghanistan in response to a Facebook post. 7 2.10 M.S. has allegedly been diagnosed with severe mental health issues, including depression, post-traumatic stress disorder and personality change. Her most recent psychiatric report 8 concluded that her current level of function was “that of a person suffering from chronic psychosis or dementia”. She is under daily care from her family in Denmark. On 6 August 2014, M.S. applied for a residence permit on humanitarian grounds. Her application was rejected on 14 November 2014. She notes that, according to established practice, single Afghan women without support networks in Afghanistan are eligible for a residence permit on humanitarian grounds owing to their extreme vulnerability. In the present case, the rejection was based on two main arguments: first, she was not considered a single woman without a network, as she would be returned with her adult son, K.S.; and second, her health condition was not considered to be so severe as to meet the Danish requirements for granting residence for health reasons. The Refugee Appeals Board noted that M.S. suffered from unspecified depression, personality change caused by catastrophic experiences and post-traumatic stress disorder. Yet, according to the information provided, her mental disorder did not require therapy. The authors note that the Board did not take into account that K.S. had not been to Afghanistan since the age of 7 and could therefore not be considered as a “network”, as he himself had no network in Afghanistan and was in no condition to offer his mother the typical support of a network, such as attending to her needs and supporting her financially. 6 7 8 The Board relied on a 2009 report by Landinfo on the risk of abuse in Afghanistan of atheists or individuals who have left Islam in case of return; a 2013 report by Landinfo on the situation of Christians and converts in Afghanistan; and a 2014 report by Landinfo on the situation of atheists in Afghanistan, in which it is stated that, as opposed to converts, who show their affiliation with another religion through religious practices, atheists/non-believers would not face sanctions as long as they do not display any lack of respect for Islam in public. The author does not specify the context or content of the referred message. The authors attach a psychiatric report dated 25 July 2014, with the referred diagnosis for author M.S. 3

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