CCPR/C/125/D/2345/2014
author had given non-committal, evasive and vague replies – even to simple and
uncomplicated questions – during the Board hearing. The Board observed in that
connection that it appeared unlikely that the author could have been held in some sort of
captivity for several months with another dancing boy without having any knowledge of the
other boy’s background, including ethnicity, and the Board also considered it unlikely that
the author had been unable to free himself from his involuntary stays with A.S. and A.N.,
respectively. Accordingly, the Board found that the statement appeared to have been
fabricated for the occasion.
2.5
The Board thus found that the author would not be at a specific and individual risk
of persecution falling within section 7 (1) of the Aliens Act or at a real risk of the death
penalty or being subjected to torture or inhuman or degrading treatment or punishment
under section 7 (2) of the Aliens Act in the event of his return to Afghanistan.
2.6
By letters received on 13 and 27 August 2012, the author requested the Board to
reopen his asylum proceedings. In the letter received on 13 August, the author referred to
the conflict with his maternal uncle as a consequence of the incident with his uncle’s son.
The author again recounted details of his stay in Kabul as a dancing boy with A.S. and A.N.,
respectively, and about his flight from A.N. He stated that he had always searched for a
way to escape, in vain. After having stabbed A.N. in the throat and escaped through the
open door, the author decided to flee from Afghanistan because A.N. was powerful and had
weapons, and could easily kill him. In the letter received on 27 August, the author again
requested the Board to reopen his case. He explained that he had not stated that he had been
a dancing boy at his first interview for cultural reasons and because he had been ashamed.
2.7
On 31 July 2013, the author applied to the Danish Immigration Service for financial
support for an assisted voluntary return to his country of origin. The same day, the author
signed a declaration waiving his application for asylum, including his request for the
reopening of his asylum proceedings by the Board. On 7 August 2013, the Danish
Immigration Service approved the author’s application for financial support for his assisted
voluntary return.
2.8
By a letter received by the Board on 8 August 2013, the author again requested the
reopening of his asylum proceedings, thereby revoking his previous waiver. According to
the letter, the police had forced him to confirm by his signature that he was willing to
depart voluntarily from Denmark. The author also stated that his return to Afghanistan
would be dangerous for him and that he was unlikely to survive there. The author stated
that one of his close friends,5 who had been staying in the same asylum centre, had returned
to Kabul about two months earlier. His friend had contacted the author on 6 August 2013
and told him that his own life was in danger because of the author. The friend said that he
had been kidnapped by three people who had subjected him to torture for 24 hours, that
they had obtained all the information they could about the author, and that the author’s
enemies were pursuing the author. His friend had also said that they had found him and the
author through Facebook and that it was the author’s mistake of using his real name on
Facebook that had revealed his friend’s whereabouts.
2.9
On 14 August 2013, the Danish Immigration Service was informed by the Refugee
Appeals Board that the author had submitted a request for the reopening of his asylum
proceedings. By letter of 14 August 2013, the Danish Immigration Service requested the
author to submit to it any comments to the information from the Board, and further
informed him that the Danish Immigration Service considered his request to reopen asylum
proceedings to indicate that the author no longer wanted to cooperate in his departure. The
Danish Immigration Service received no comment from the author on that occasion.
2.10 On 27 September 2013, the Aliens Division of the National Police informed the
Board that the author had failed to appear for his assisted voluntary return to Afghanistan
on 26 August 2013, arranged by the International Organization for Migration, and that he
had been reported on the same date as having failed to appear at the asylum centre where he
was staying. On 30 August 2013, the Danish Immigration Service revoked its approval of
the financial support for the author’s assisted voluntary return.
5
Name is available on file.
3