United Nations

International Covenant on
Civil and Political Rights

Distr.: General
6 June 2017
Original: English

Human Rights Committee

Views adopted by the Committee under article 5 (4) of the
Optional Protocol, concerning communication No.
2240/2013*, **
Communication submitted by:

M.A. (represented by counsel)

Alleged victim:

The author

State party:


Date of communication:

12 April 2013 (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 15 April 2013 (not issued in
document form)

Date of adoption of Views:

17 March 2017

Subject matter:

Removal to Afghanistan

Procedural issue:

Insufficient substantiation of claims

Substantive issues:

Right to life; torture; cruel, inhuman or
degrading treatment or punishment

Articles of the Covenant:

6, 7 and 14

Articles of the Optional Protocol:

2, 3 and 5

The author of the communication is M.A., a national of Afghanistan, born in 1970.
His asylum application in Denmark was rejected and he risked deportation to Afghanistan.
In his initial submission, he claimed that Denmark had violated his rights under article 14
of the Covenant, and that in case of his forcible return to Afghanistan, his rights under
articles 6 and 7 would also be violated. The Optional Protocol entered into force for
Denmark on 23 March 1976. The author is represented by counsel, Niels-Erik Hansen.
When submitting the communication, on 12 April 2013, the author requested that,
pursuant to rules 92 and 97 of its rules of procedure, the Committee request that the State
party refrain from removing him to Afghanistan pending the consideration of his case. On
15 April 2013, the Committee, acting through its Special Rapporteur on new

* Adopted by the Committee at its 119th session (6-29 March 2017).
** The following members of the Committee participated in the examination of the communication:
Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Ahmed Amin Fathalla, Olivier de
Frouville, Christof Heyns, Yuji Iwasawa, Duncan Laki Muhumuza, Photini Pazartzis, Mauro Politi,
José Manuel Santos Pais, Anja Seibert-Fohr, Yuval Shany and Margo Waterval.



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