CCPR/C/112/D/2243/2013
1.2
On 10 May 2013, the Committee, in accordance with rule 92 of its rules of
procedure, acting through its Special Rapporteur for new communications and interim
measures, requested the State party to refrain from deporting the author to Afghanistan
while his communication was under consideration by the Committee.
Factual background2
2.1
The author was born in Afghanistan on 7 March 1986. After his mother and two
sisters were killed in a rocket attack in 1992, or 1993, he left Afghanistan with his father
and four siblings, and fled to a refugee camp in Pakistan. The author entered Denmark on
31 July 1999 to be reunited with his father, who had already entered the country before that
time. On 5 October 1999, the author was given a residence permit, which was periodically
renewed until 26 November 2004.
2.2
The author’s father, stepmother and five brothers and sisters live in Denmark. The
author married Ms. A, a Danish national, in 2006. The couple have a son, born on
3 November 2008, and a daughter, born on 4 September 2010, who live with their mother.
At the time of submission of the communication, the author and Ms. A were divorced.
2.3
On 2 September 2002, the author was sentenced by the Copenhagen City Court to
imprisonment for one year and six months, for robbery, theft, attempted fraud, criminal
damage, unlawful possession of firearms (gas pistol) and driving without a driver’s licence.
In view of the author’s age, one year of the sentence was suspended subject to a probation
period of two years. The Court did not order the author’s expulsion, with reference to
section 26 of the Aliens Act, read in conjunction with article 8 of the European Convention
on Human Rights.
2.4
On 1 March 2005, the author was found guilty by a jury verdict of the Eastern High
Court of several robberies and attempted robberies. He received a concurrent sentence of
imprisonment for five years and six months, which included the suspended part of the
judgement delivered on 2 September 2002. The author was also ordered expelled from
Denmark and served with a permanent re-entry ban. When determining the sentence, the
High Court took into account that the author had previously been convicted of robbery.
However, at the same time, the court took into account that the author was under the age of
18 at the time of commission of the criminal offences.
2.5
On 19 August 2005, the Supreme Court unanimously upheld the judgement of the
Eastern High Court for the reasons stated by the High Court.
2.6
As a consequence of the expulsion decision, the author’s residence permit lapsed.
By letter of 23 January 2006, the author submitted an application for asylum, which was
refused on 27 July 2006 by the Danish Immigration Service, pursuant to section 7 of the
Aliens Act. On 27 October 2006, the Refugee Appeals Board upheld the decision of the
Danish Immigration Service and decided that the author could be forcibly returned to
Afghanistan if he did not leave voluntarily.
2.7
By letter of 30 June 2006, the Commissioner of the Copenhagen Police submitted a
request from the author for the revocation of the court’s expulsion decision to the
Copenhagen City Court, pursuant to Article 50 of the Aliens Act. On 11 September 2007,
the Copenhagen City Court ordered that the expulsion order pursuant to the Supreme
Court's judgement of 19 August 2005 was not to be revoked. In its order, the City Court
emphasized that, according to the information available, there was no basis for assuming
2
The factual background has been established on the basis of the author’s account, the State party’s
submission and court documents.
3