CCPR/C/120/D/2625/2015
2.4
On 12 June 2014, the author arrived in Denmark. He applied for asylum and
indicated that he was not sure of his age, but that he was born in 1377 according to the
Afghan calendar, 9 and that he was therefore approximately 16 years old. The Danish
Immigration Service interviewed him on 27 June 2014 and he reiterated that statement. On
17 July 2014, the University of Copenhagen Section of Forensic Pathology prepared a
report on the author’s age which indicated that, judging by a clinical examination, a dental
examination and an X-ray examination of his left hand, the author was most likely 19 years
old or older. The report added that there was some possibility, albeit small, that the author
might be as young as 17 years old. 10 On 12 August 2014, the Immigration Service
determined that the author’s date of birth was 23 March 1995 and that he was therefore not
a minor.11
2.5 The Immigration Service rejected the author’s asylum request on 17 December 2014.
The author appealed this decision to the Refugee Appeals Board. On 28 April 2015, the
Board rejected the author’s appeal. It found that the author lacked credibility and that his
evasive and inconsistent statements on essential points demonstrated that his remarks did
not reflect his actual experiences. For example, the author gave contradictory statements in
relation to the way he escaped the house in which he was supposedly detained, as he firstly
said that he had operated a latch on a window to escape, and subsequently indicated that he
had got out through a hole in a window that was covered with plastic; he also contradicted
himself regarding the violence to which he claimed to have been subjected, as he firstly
indicated that he had not been subjected to any violence, and subsequently stated that he
had been beaten and kicked by his captors; he also provided contradictory information
regarding the length of his trip to Parwan. The Board therefore did not consider the author’s
statements as facts. It further considered that the general situation in Afghanistan cannot
justify granting refugee status to the author.
2.6
The author indicates that he has exhausted all domestic remedies, as the decisions by
the Board cannot be appealed.
The complaint
3.1
The author alleges that his deportation to Afghanistan would put his life at risk and
that he would also face inhuman and degrading treatment, in violation of articles 6 and 7 of
the Covenant. The author states that he fears that, if he is returned to Afghanistan, the
Taliban would kill him because he had previously escaped from them. He also indicates
that he fears that the Taliban may be able to find him wherever he stays in Afghanistan
because they have pictures of him.
3.2
The author further submits that he fears suicide bombers in Afghanistan, as well as
the general situation there, as human rights are not protected and the police are corrupt and
work with the Taliban. He refers to a press article in which the Afghan Minister of
Refugees and Repatriation urged several Western governments to stop deportations to
Afghanistan, in particular deportations of women and children.12 The Minister had indicated
that, although the situation had improved after 2011, and some agreements with Western
governments had been put in place in order to deport nationals to Afghanistan, the situation
had changed and that it was currently very dangerous to return to several provinces of the
country. Therefore, he opposed deportations and had written to the governments concerned
asking them to revise the deportation agreements which were in place.13 The author claims
that, given that the Government itself advises against sending nationals back to Afghanistan,
9
10
11
12
13
The year 1377 in the Afghan calendar is 1998 in the Gregorian calendar.
The State party has provided a translation of some extracts of the report.
The State party has provided a translation of this decision.
Abdul Ghafoor, “Afghan minister for refugees and repatriation ‘Stop deportation to Afghanistan’”, 21
February 2015. Available from kabulblogs.wordpress.com/2015/02/21/afghan-minister-for-refugeesand-repatriation-stop-deportation-to-afghanistan.
The author indicates that, in March 2015, the Government of Afghanistan requested the State party to
revise the tripartite Memorandum of Understanding with Denmark and the Office of the United
Nations High Commissioner for Refugees (UNHCR), but that the Danish authorities have not acted
on that request.
3