Views of the Human Rights Committee under article 5,
paragraph 4, of the Optional Protocol to the International
Covenant on Civil and Political Rights (112th session)

Communication No. 2126/2011**
Submitted by:

Kesmatulla Khakdar, (represented by counsel,
Ms. Tsytlina and Mr. Golubok)

Alleged victims:

The author

State party:

Russian Federation

Date of communication:

7 December 2011(initial submission)

The Human Rights Committee, established under article 28 of the International
Covenant on Civil and Political Rights,
Meeting on 17 October 2014,
Having concluded its consideration of communication No. 2126/2011, submitted to
the Human Rights Committee by Kesmatulla Khakdar under the Optional Protocol to the
International Covenant on Civil and Political Rights,
Having taken into account all written information made available to it by the author
of the communication and the State party,
Adopts the following:

Views pursuant to article 5, paragraph 4 of the Optional Protocol
The author of the communication is Kesmatulla Khakdar, born in 1962, an Afghan
national and formerly a refugee in the Russian Federation. In 2009 the Federal Migration
Service withdrew his refugee status and at the time of submission he was under threat of
expulsion to Afghanistan. He submits that, if the Russian Federation proceeds with his
forcible return to Afghanistan, it would constitute a violation of his rights under articles 7



The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Christine Chanet, Ahmed Amin Fathalla, Yuji Iwasawa, Cornelis
Flinterman, Zonke Zanele Majodina, Gerald Neuman, Victor Manuel Rodríguez-Rescia, Margo
Waterval, Konstantine Vardzelashvili, Yuval Shany, Fabián Omar Salvioli, Anja Seibert-Fohr, Andrei
Paul Zlatescu, Nigel Rodley and Dheerujlall Seetulsingh.
The text of a joint opinion by Committee members Ms. Chanet, Mr. Shany and Mr. Vardzelashvili
(dissenting) is appended to the present Views.
The text of an individual opinion by Committee member Mr. Iwasawa (dissenting) is appended to the
present Views.

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