CCPR/C/117/D/2462/2014
be a victim of a violation by Denmark of his rights under article 7 of the Covenant. The
police have contacted him several times and requested his cooperation to facilitate his
return.2 The risk of the author’s deportation was imminent at the time of submission of the
initial communication.3 The Optional Protocol entered into force for Denmark on 23 March
1976. The author is represented by counsel, Helle Holm Thomsen.
1.2
When registering the communication on 29 September 2014, the Committee, acting
through its Special Rapporteur on new communications and interim measures pursuant to
rule 92 of its rules of procedure, requested the State party to refrain from deporting the
author to Bangladesh, while his case was under consideration by the Committee. The
Committee also indicated that it might review the necessity of maintaining this request
upon receipt of the State party’s observations. On 29 September 2014, the Refugee Appeals
Board suspended the time limit for the author’s departure from Denmark until further notice
in accordance with the Committee’s request. On 30 March 2015, the State party requested
that the Committee review its request for interim measures in the present case. On 4 June
2015, the Committee, acting through the Special Rapporteur decided to deny the request to
lift interim measures. On 26 February 2016, the State party again requested that the
Committee review its request for interim measures. On the same date, the Committee,
acting through the Special Rapporteur, rejected the new request.
The facts as submitted by the author
2.1
From July 2010 to July 2011, the author maintained a homosexual relationship with
a childhood friend. They were caught one evening at a rice field, following which they were
brought to a village council where they were beaten and tortured, including by being hung
from a tree, having hot water poured over them and being beaten on the soles of their feet.4
The author was expelled from his family and village and was threatened with death if he
returned. He first went to Rangpur, where he was recognized by one of the villagers. He
then went to Dhaka and on 5 January 2012, he moved to India, from where he left for
Europe. On 3 February 2012, the author arrived in Denmark without valid travel documents
and applied for asylum.
2.2
On 15 February 2012, the police interrogated the author about his identity and travel
route. He explained that he had been born on 21 December 1994 in Rangalibosh in the
Nagashre region and that he went to school until the ninth grade but did not finish it owing
to personal circumstances. On 17 February 2012, the author submitted a request for asylum
in Denmark, alleging that he had left his home country because citizens in his village had
found out that he was a homosexual and he feared for his life if he returned to Bangladesh.
The author has not been a member of any political or religious association or organization,
nor has he been politically active in any other way. He was considered to be older than 18
by the police because of his physical appearance, even though he claimed he was a minor.
On 7 March 2012, the Section of Forensic Pathology of the Danish National Police carried
out an examination to determine his age. He was estimated to be 19 years old or more.
However, the Section considered that “a certain probability existed” that he might be as
young as 17.5 On 11 April 2012, the author was confronted by the police. He maintained his
explanation with respect to his age on the basis of the information that he had always been
provided by his parents. On 4 June 2012, the Danish Immigration Service decided to
2
3
4
5
2
Travel documents have been issued for the author.
The author was requested to leave the State party within seven days of 4 December 2012, the date of
the Refugee Appeals Board decision.
See the statement of facts in the Refugee Appeals Board decision of 4 December 2012.
Ibid., p. 4 (last sentence).