CCPR/C/125/D/2923/2016
1.1
The author of the communication is Shafaq Baharuddin, a national of Afghanistan
born on 30 July 1989. The author sought asylum in Hungary. On 27 July 2016, the
Hungarian office of immigration and nationality ruled that, under the Dublin III
Regulation,1 Bulgaria was responsible for processing the author’s asylum application, in
accordance with the principle of first country of asylum. On 17 October 2016, the
Metropolitan Administrative and Labour Court confirmed the decision, which has become
final. The author has been at risk of imminent deportation since then. 2 The author claims
that his deportation to Bulgaria would constitute a violation by Hungary of his rights under
articles 7 and 2 (3) (a) of the Covenant. The author is represented by counsel.
1.2
On 23 December 2016, pursuant to rule 92 of its rules of procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
requested the State party to refrain from deporting the author to Bulgaria while his case is
under consideration by the Committee.
1.3
On 26 April 2017, the Committee, acting through its Special Rapporteur on new
communications and interim measures, decided, in accordance with rule 97, paragraph 3, of
its rules of procedure, to examine the admissibility of the communication together with its
merits.3
The facts as submitted by the author
2.1
The author is an Afghan Sunnite Muslim from Kapisa, Afghanistan, where he
worked as a police officer in Kapisa Tagow Police Station.4 The Taliban wanted him to join
them or spy for them. After the author refused to join the Taliban, he and his family
received letters containing death threats from one of the Taliban leaders. Subsequently, the
Taliban carried out a suicide bombing at the police station where the author worked. The
author was not at the police station at the time but several of his colleagues died. Fearing
repeated attacks against him, the author fled Afghanistan in February 2016.
2.2
On 20 April 2016, the author entered Bulgaria illegally on foot with a group of
around 20 persons. He was apprehended by the Bulgarian police who severely beat him
with truncheons. His valuables and passport were seized by the police. He was taken to a
police station where the police took his fingerprints. He did not apply for asylum at this
point.
2.3
Subsequently, the author was taken to the Elhovo allocation centre, where he was
kept for a week. The author claims that the camp seemed to be a prison since he and other
asylum seekers were placed together with convicted prisoners. He was also subjected to
severe ill-treatment. The beds were not, for example, equipped with mattresses. He claims
that the police treated him with excessive force and brutality, kicking him and shouting at
him. The guards usually consumed alcohol. During the week, the author was only able to
shower once. Medical services were not available at all.
2.4
After one week at the centre, the author was transferred to the Voenna Rampa
refugee camp. The conditions were extremely dire, the toilets did not work properly, the
food was poor and there were serious sanitation problems. The author suffers from asthma
but did not receive the medication prescribed to him by the doctor at the camp. The author
claims that he witnessed brutal beatings and ill-treatment of asylum seekers being returned
from other European Union member States.5
1
2
3
4
5
2
Regulation (EU) No. 604/2013 of the European Parliament and of the Council of 26 June 2013
establishing the criteria and mechanisms for determining the Member State responsible for examining
an application for international protection lodged in one of the Member States by a third-country
national or a stateless person.
The date of deportation has not been specified.
The State party submitted separate observations on the admissibility of the communication on 27
February 2017.
The author claimed to be a Tajik national and a Sunnite Muslim by religion, according to the State
party’s observations.
No further information has been provided.
GE.19-08969