United Nations

International Covenant on
Civil and Political Rights

Distr.: General
23 May 2017
Original: English

Human Rights Committee

Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 2293/2013*, **
Submitted by:

D and E

Alleged victims:

D and E

State party:


Date of communication:

23 October 2013 (initial submission)

Document references:

Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 25 October 2013 (not issued in
document form)

Date of adoption of decision:

28 March 2017

Subject matter:

Removal of the authors to China

Procedural issues:

Admissibility — manifestly ill-founded;
admissibility — ratione materiae

Substantive issues:

Cruel, inhuman and degrading treatment or
punishment; discrimination; fair trial; nonrefoulement; refugee status

Articles of the Covenant:

7, 14 and 26

Articles of the Optional Protocol:

2 and 3

The authors of the communication are D and E, nationals of China born in 1979 and
1980, respectively, and married to each other. Following the rejection of their application
for refugee status in Denmark, they were subject to removal. They asserted that the State
party would violate their rights under articles 7, 14 and 26 of the Covenant by removing
them to China.1
On 25 October and 20 November 2013, and on 15 September 2015, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
denied the authors’ requests for interim measures to stay their removal to China while the
communication was under consideration by the Committee.

* Adopted by the Committee at its 119th session (6-29 March 2017).
** 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,
Olivier de Frouville, Amin Ahmed Fathalla, Christof Heyns, Yuji Iwasawa, Bamariam Koita, Marcia
V.J. Kran, Duncan Laki Muhumuza, Photini Pazartzis, Mauro Politi, José Manuel Santos Pais, Anja
Seibert-Fohr, Yuval Shany and Margo Waterval.
The Optional Protocol entered into force for Denmark on 23 March 1976.



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