CCPR/C/130/D/3246/2018 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: Sweden 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: Non-refoulement Article of the Covenant: 7 Article of the Optional Protocol: 2 1.1 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. 1.2 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 order. * 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: 1 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. GE.21-11580(E)

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