CCPR/C/123/D/2575/2015

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
3 May 2019
Original: English

Human Rights Committee

Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication
No. 2575/2015*, **, ***
Communication submitted by:

Bayush Alemseged Araya (represented by
counsel, Danish Refugee Council)

Alleged victims:

The author and her minor son

State party:

Denmark

Date of communication:

24 February 2015 (initial submission)

Document references:

Decision taken pursuant to rules 92 and 97 of the
Committee’s rules of procedure, transmitted to
the State party on 25 February 2015 (not issued
in document form)

Date of adoption of Views:

13 July 2018

Subject matter:

Deportation from Denmark to Italy

Procedural issues:

None

Substantive issue:

Risk of torture or other cruel, inhuman or
degrading treatment

Article of the Covenant:

7

Article of the Optional Protocol:

5 (2) (a) and (b)

1.1
The author of the communication dated 24 February 2015, is Bayush Alemseged
Araya, an Eritrean national born in 1984, submitting the complaint on behalf of herself and
her son Euas, born on 8 December 2014. The author sought asylum in Denmark, but her
application was rejected and she has faced deportation to Italy since 26 February 2015. She
claims that her deportation to Italy would constitute a violation by Denmark of her rights
under article 7 of the International Covenant on Civil and Political Rights. The Optional

* Adopted by the Committee at its 123rd session (2 to 27 July 2018).
** The following members of the Committee participated in the examination of the present
communication: Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland,
Ahmed Amin Fathalla, Olivier de Frouville, Christof Heyns, Bamariam Koita, Marcia V.J. Kran, José
Manuel Santos Pais, Yuval Shany and Margo Waterval.
*** The text of individual opinions (dissenting) of Committee members Ilze Brands Kehris, Sarah
Cleveland, Christof Heyns and Yuval Shany is annexed to the present Views. An individual opinion
(concurring) by Committee member Olivier de Frouville is also annexed.

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