CCPR/C/120/D/2601/2015

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
4 September 2017
Original: English

Human Rights Committee

Views adopted by the Committee under the Optional
Protocol, concerning communication No. 2601/2015*, **
Submitted by:

M.S. aka M.H.H.A.D. (represented by counsel,
Daniel Nørrung)

Alleged victim:

The author

State party:

Denmark

Date of communication:

30 March 2015 (initial submission)

Document references:

Decision taken pursuant to rules 92 and 97 of the
Committee’s rules of procedure, transmitted to
the State party on 29 April 2015 (not issued in a
document form)

Date of adoption of Views:

27 July 2017

Subject matter:

Deportation from Denmark to Iraq

Procedural issue:

Level of substantiation of claims

Substantive issues:

Risk to life, and of torture or ill-treatment upon
forced removal to country of origin

Articles of the Covenant:

6, 7, 13 and 14

Articles of the Optional Protocol:

2, 3 and 5 (2) (a) and (b)

1.1
The author of the communication is M.S., aka M.H.H.A.D., a citizen of Iraq born on
1 July 1944. The author is subject to deportation to Iraq following the rejection of his
application for asylum by the Danish Refugee Appeals Board on 1 March 2004 and on 4
April 2014. He claims that his deportation would amount to a violation by Denmark of his
rights under articles 6, 7, 13 and 14 of the Covenant. He requested that interim measures be
granted to prevent his deportation. The Optional Protocol entered into force for Denmark
on 23 March 1976. The author is represented by counsel, Helge Nørrung. 1
1.2
On 29 April 2015, the Committee, acting through its Special Rapporteur on new
communications and interim measures, requested the State party to refrain from deporting
* Adopted by the Committee at its 120th session (3-28 July 2017).
** The following members of the Committee participated in the examination of the communication:

1

Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Ahmed Amin Fathalla, Olivier de
Frouville, Christof Heyns, Yuji Iwasawa, Bamariam Koita, Marcia V.J. Kran, Duncan Laki
Muhumuza, Photini Pazartzis, Mauro Politi, José Manuel Santos Pais, Yuval Shany and Margo
Waterval.
On 1 January 2016, Daniel Nørrung informed the Committee that he had replaced Helge Nørrung,
following his retirement, as legal counsel for the author.

GE.17-15305(E)

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