CCPR/C/123/D/2328/2014 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: Denmark 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 substantiation 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 1.1 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. 1.2 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. GE.18-12988(E) 

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