CCPR/C/112/D/2126/2011 requires the States parties to “take steps of due diligence to avoid a threat” of torture emanating from third parties such as illegal armed groups and other non-State actors.2 He maintains that he faces a real risk of ill-treatment by such actors if returned to Afghanistan because of the overall climate of violence and destitution in Afghanistan and owing to his individual circumstances. The author makes reference to recent reports of the United Nations Secretary-General 3 and the United Nations Assistance Mission in Afghanistan (UNAMA),4 which cite high numbers of security incidents and numerous targeted killings as one of the tools in a widespread and systematic campaign of intimidation against civilians by the anti-government elements. 3.2 He also submits that, having spent 20 years outside the country, he has no relatives or any other connections left in Afghanistan, with a total absence of a support network, and will be exposed to attacks. He maintains that the area from which he originated, Paktya province in the eastern part of Afghanistan near the Pakistani border, has been reported as being increasingly outside of the reach of the central government and in the hands of the Taliban.5 The author further refers to the jurisprudence of the European Court of Human Rights, which in similar cases had ruled that the situation of general violence in the country of destination led it to the conclusion that any returnee to that country would be at risk of ill-treatment. 6 He also refers to the Court’s jurisprudence to the effect that the situation when an asylum seeker is forced to live in the street with no resources or access to sanitary facilities and without any means of providing for his essential needs is incompatible with article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms.7 The author notes that the Russian courts based their decisions on the conclusion that the author had left Afghanistan for the Soviet Union not because of fear of persecution, but to study. While that might have been true in 1987, with the violent fall of the Najibullah regime in 1992 and the rise of fundamentalist Islamists to power, he maintains that he has become a refugee sur place as it is no longer possible for him to return to his homeland. 3.3 The author further submits that, if he were returned to Afghanistan, his family life would be destroyed and annihilated, since his daughter and spouse would not be able to go with him, as the situation of general violence there amounts to a violation of article 7 of the Covenant. Moreover, they would be specifically targeted as non-Muslim women who do not speak the language and do not know the local customs, including religious customs. The author therefore submits that if he were deported to Afghanistan his rights under article 17 of the Covenant would be violated. The State party’s observations on admissibility 4.1 On 16 April 2012, the State party submits that the author had arrived in the territory of the Union of Soviet Socialist Republics (Soviet Union) in 1987 under an international agreement to study in a medical academy. Between 1989 and 1997 he studied in the 2 3 4 5 6 7 4 The author refers to communication No. 1051/2002, Ahani v. Canada, Views of 29 March 2004, para. 10.7. The author refers to the report of the Secretary-General on the situation in Afghanistan and its implications for international peace and security (A/66/369–S/2011/590), para. 51. The author refers to the UNAMA Afghanistan Midyear report on Protection of Civilians in Armed Conflict (Kabul, July 2011) p. 19. The author refers to the UNHCR Eligibility Guidelines for Assessing the International Protection Needs of Asylum-Seekers from Afghanistan (2007), p. 62. The author refers to the judgment of the European Court of Human Rights in Sufi and Elmi v. the United Kingdom, Applications No. 8319/07 and 11449/07, judgment of 28 June 2011, para. 293. The author refers to the judgment of the European Court of Human Rights in M.S.S. v. Belgium and Greece, Application no. 30696/09, judgment of 21 January 2011, para. 263.

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