CCPR/C/119/D/2602/2015
1.2
On 29 April 2015, pursuant to rule 92 of its rules of procedure, the Committee,
acting through its Special Rapporteur on new communications and interim measures,
decided not to issue a request for interim measures of protection.
The facts as submitted by the author
2.1
The author’s family originally resided in the north-western part of Albania. The
author’s family were involved in a land dispute in 1992, which has resulted in an ongoing
blood feud involving four families, causing eight deaths, and several injuries and attempted
killings. The author claims that he was subjected to attacks on two occasions: on 7 March
2004, an unknown person shot at him and his cousin, P.H.; and on 17 June 2008, while the
author and his wife were driving, an unknown person shot at their car, after which the
author’s wife, then five-months pregnant, suffered a miscarriage.
2.2
The author claims that he left Albania after receiving a warning, in December 2012,
from a member of the Hi. family that the H. family still owed a life. The warning was
transmitted by A.B., a blood-feud conflict mediator. The Hi. family believes that P.H.
murdered N.Hi. in 2002 and that he has not been punished sufficiently, as P.H. spent only
18 months in custody and was later acquitted.
2.3
The author entered Denmark on 28 January 2013 without his wife and children, and
applied for asylum on 29 January 2013.
2.4
On 27 February 2013, the Danish Immigration Service rejected the author’s asylum
application.
2.5
On 9 March 2013, the author’s wife, then eight-months pregnant, and their two
children arrived in Denmark. On 14 March 2013, they applied for asylum. On 1 November
2013, the Danish Immigration Service rejected their application for asylum.
2.6
On 11 June 2014, the Refugee Appeals Board upheld the decision of the Danish
Immigration Service not to grant asylum to the author and his family on the following
grounds. First, the Board found that the application lacked credibility because the author
and his wife had given divergent explanations as to when they had decided to leave Albania
— the author had referred to December 2012, whereas his wife had referred to November
2012. Second, the Board found that the author had not been directly attacked or threatened.
Third, the Board stated that the conflict was no longer ongoing because the last killings in
connection with it occurred in 1997 and 2002, it was currently insufficiently intense and
those responsible for the blood feud had been punished accordingly. Fourth, the Board
considered that the blood feud was a private matter and that the author could seek
protection from the Albanian authorities.
2.7
On 27 June 2014, the author requested the Board to reopen proceedings on the
following grounds. First, his and his wife’s explanations concerning the date of departure
from Albania had been misinterpreted. The immigration authorities should have taken into
account that, for cultural reasons, women in Albania were not given full details about
family blood feuds, and that his wife was mentally weak and was unable to adequately
account for the chronology of events. Second, the 2004 and 2008 attacks were directly
linked to the family blood feud and that he had received direct threats that influenced his
decision to leave Albania, which demonstrates that the author’s life would be in danger and
that he risks persecution and possible death in Albania. Third, there are clear indications
that the blood feud has not ceased, since, for instance, there are new male family members
that, having reached the age of majority, are now able to continue the blood feud, which in
Albania tend to be long-lasting. The latest violent incident in relation to the blood feud
occurred on 16 August 2014, when the author’s nephew, A.H., was a victim of attempted
murder, which was reported to the police, although the attacker remains unknown. The
nephew has reached the age of 22, she is old enough to be perceived of as a target for
revenge killing. The intensity of the conflict, including the number of murders, attacks,
kidnappings, and cases of torture and forced prostitution, and the consequences thereof for
the life of the author’s family, namely constant fear and isolation, should be considered in
conjunction with the passage of time. Fourth, the Albanian police would not be able to
ensure protection of the author and his family, not only because of widespread corruption,
but also due to the unwillingness of the police to get involved in a blood feud for fear of
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