CCPR/C/131/D/3069/2017

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
30 April 2021
Original: English

Human Rights Committee

Views adopted by the Committee under the Optional
Protocol, concerning communication No. 3069/2015*, **, ***
Communication submitted by:

B.B. (represented by counsel, Elin Edin)

Alleged victim:

The author

State party:

Sweden

Date of communication:

11 December 2017 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to the
State party on 15 December 2017 (not issued in
document form)

Date of adoption of Views:

16 March 2021

Subject matter:

Deportation to Afghanistan

Procedural issue:

Level of substantiation of claims

Substantive issues:

Right to life; risk of torture and other cruel,
inhuman or degrading treatment or punishment
upon return to country of origin; prohibition of
refoulement

Articles of the Covenant:

6 and 7

Articles of the Optional Protocol:

2 and 5 (2) (a)

1.1
The author of the communication is B.B., a national of Afghanistan and an ethnic
Hazara, born on 24 September 1999. He claims that his deportation to Afghanistan by the
State party would violate his rights under articles 6 and 7 of the Covenant. The Optional
Protocol entered into force for Sweden on 23 March 1976. The author is represented by
counsel.
1.2
On 11 December 2017, 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 to refrain from deporting the author to Afghanistan while his case
was under consideration by the Committee. On 11 December 2017, the State party suspended

* Adopted by the Committee at its 131st session (1–26 March 2021).
** The following members of the Committee participated in the examination of the communication:
Yadh Ben Achour, Arif Bulkan, Wafaa Ashraf Moharram Bassim, Mahjoub El Haiba, Furuya
Shuichi, Marcia Kran, Kobauyah Tchamdja Kpatcha, Duncan Laki Muhumuza, Carlos Gomez
Martinez, Photini Pazartzis, Hernán Quezada, Vasilka Sancin, José Manuel Santos Pais, Changrok
Soh, Hélène Tigroudja, Imeru Tamerat Yigezu and Gentian Zyberi.
*** Individual opinions by Committee members Vasilka Sancin and Photini Pazartzis (dissenting) and
Furuya Shuichi (dissenting) are annexed to the present Views.

GE.21-05786(E)

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