United Nations

International Covenant on
Civil and Political Rights

Distr.: General
23 August 2021
Original: English

Human Rights Committee

Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 3246/2018*, **
Communication submitted by:

M.I. (represented by counsel, Erik Rosshagen)

Alleged victim:

The author

State party:


Date of communication:

18 September 2018 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 24 September 2018 (not issued
in document form)

Date of adoption of decision :

6 November 2020

Subject matter:

Deportation to Afghanistan

Procedural issue:

Lack of substantiation

Substantive issue:


Article of the Covenant:


Article of the Optional Protocol:


The author is M.I., a national of Afghanistan born in 1997. While the author was born
in Afghanistan, he1 moved to the Islamic Republic of Iran with his family when he was 4
years old. He claims that the State party has violated his rights under article 7 of the Covenant.
The Optional Protocol entered into force for the State party on 23 March 1976. The author is
represented by counsel.
On 24 September 2018, pursuant to rule 94 of its rules of procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
requested the State party not to remove the author to Afghanistan while the case was under
examination. On the same day, the State party decided to suspend enforcement of the removal

* Adopted by the Committee at its 130th session (12 October–6 November 2020).
** The following members of the Committee participated in the examination of the communication:


Tania María Abdo Rocholl, Yadh Ben Achour, Arif Bulkan, Ahmed Amin Fathalla, Furuya Schuichi,
Christoph Heyns, Bamariam Koita, Marcia V.J. Kran, David H. Moore, Duncan Laki Muhumuza,
Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany,
Hélène Tigroudja, Andreas Zimmermann and Gentian Zyberi.
The author identifies as a person “in between male and female”. Counsel refers to the author as
“he/they” and “his/their”; the State party as “he”. For uniformity, the male personal pronoun is used
throughout the present text.


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