CCPR/C/127/D/3070/2017
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
20 February 2020
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication
No. 3070/2017*, **, ***
Communication submitted by:
Q.A. (represented by counsel, Rebecka
Hermansson and David Karlsson)
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:
30 October 2019
Subject matter:
Deportation to Afghanistan; torture and other
inhuman and degrading treatment
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, 7 and 18
Article of the Optional Protocol:
2
1.1
The author of the communication is Q.A., a national of Afghanistan and an ethnic
Hazara, born around 1997.1 He claims that his deportation to Afghanistan by the State party
would violate his rights under articles 6, 7 and 18 of the Covenant. The Optional Protocol
entered into force for Sweden on 23 March 1976. The author is represented by counsel.
* Adopted by the Committee at its 127th session (14 October–8 November 2019).
** 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 Shuichi,
Christof Heyns, Bamariam Koita, Photini Pazartzis, Hernán Quezada Cabrera, Vasilka Sancin, José
Manuel Santos Pais, Yuval Shany, Hélène Tigroudja, Andreas Zimmermann and Gentian Zyberi. In
accordance with rule 108 of the Committee’s rules of procedure, Ilze Brands Kehris did not
participate in the examination of the communication.
*** A joint opinion by Committee members Christof Heyns, Photini Pazartzis and José Manuel Santos
Pais (dissenting) is annexed to the present Views.
1 No identity document with the date of birth of the author was provided to the Committee.
GE.20-02688(E)