United Nations

International Covenant on
Civil and Political Rights

Distr.: General
8 August 2018
Original: English

Human Rights Committee
Views adopted by the Committee under article 5 (4) of the Optional
Protocol, concerning communication No. 2328/2014*, **
Communication submitted by:

H.A. (represented by counsel, Niels-Erik Hansen)

Alleged victim:

The author

State party:


Date of communication:

6 January 2014 (initial submission)

Document references:

Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 8 January 2014 (not issued in
document form)

Date of adoption of Views:

9 July 2018

Subject matter:

Deportation to Afghanistan

Procedural issues:

Inadmissibility ratione materiae; insufficient

Substantive issues:

Right to life; torture, cruel, inhuman or
degrading treatment or punishment; nonrefoulement; protection of aliens against
arbitrary expulsion; right to a fair and public
hearing by a competent, independent and
impartial tribunal

Articles of the Covenant:

6, 7, 13 and 14

Articles of the Optional Protocol:

2 and 3

The author of the communication is H.A., an Afghan national born in 1989. His
request for asylum in Denmark was rejected and, at the time of submission of the
communication, he was in detention awaiting deportation to Afghanistan. At that time, the
author claimed that, by forcibly deporting him to Afghanistan, Denmark would violate his
rights under articles 6, 7 and 14 of the Covenant. In his subsequent submission, the author
added a claim under article 13 of the Covenant. The Optional Protocol entered into force
for the State party on 23 March 1976. The author is represented by counsel.
On 8 January 2014, pursuant to rule 92 of its rules of procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
* Adopted by the Committee at its 123rd session (2–27 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,
Olivier de Frouville, Christof Heyns, Ivana Jelić, Bamariam Koita, Marcia V.J. Kran, Mauro Politi,
José Manuel Santos Pais, Yuval Shany and Margo Waterval.



Select target paragraph3