United Nations

International Covenant on
Civil and Political Rights

Distr.: General
17 March 2021
Original: English

Human Rights Committee

Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 2671/2015*, **
Communication submitted by:

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

Alleged victim:

The author

State party:


Date of communication:

5 November 2015 (initial submission)

Document references:

Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 6 November 2015 (not issued
in document form)

Date of adoption of decision:

6 November 2020

Subject matter:

Deportation to Afghanistan

Procedural issue:

Insufficient substantiation of claims

Substantive issues:

Risk of torture or other cruel, inhuman or
degrading treatment or punishment; nonrefoulement

Articles of the Covenant:

6, 7 and 13

Article of the Optional Protocol:


The author of the communication is F.A., a national of Afghanistan born on 21
December 1986. At the time of submission of the communication, he was subject to
deportation to Afghanistan following rejection of his application for refugee status by the
Danish authorities. He claimed that by forcibly returning him to Afghanistan, Denmark
would violate his rights under articles 6 and 7 of the Covenant. He further claimed that his
rights under article 13 of the Covenant had been violated in connection with the hearing of
his asylum case by the Danish authorities. The author requested the Committee to request
interim measures so that he would not be returned to Afghanistan pending the examination
of his communication. The Optional Protocol entered into force for the State party on 23
March 1976. The author is represented by counsel.
On 6 November 2015, pursuant to rule 94 of its rules of procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,

* Adopted by the Committee at its 130th session (12 October–6 November 2020).
** The following members of the Committee participated in the examination of the communication:
Yadh Ben Achour, Arif Bulkan, Furuya Shuichi, Christof Heyns, David H. Moore, Duncan Laki
Muhumuza, Hernán Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany,
Hélène Tigroudja and Gentian Zyberi.


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