CCPR/C/117/D/2559/2015

United Nations

International Covenant on
Civil and Political Rights

Distr.: General
9 September 2016
Original: English

Human Rights Committee

Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 2559/2015*, **
Communication submitted by:

I.M.Y. (represented by counsel, Tage Gøttsche)

Alleged victim:

The author

State party:

Denmark

Date of communication:

29 January 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 30 January 2015 (not issued
in document form)

Date of adoption of the decision:

14 July 2016

Subject matter:

Deportation to Somalia

Procedural issues:

Admissibility — manifestly ill-founded;
admissibility — incompatibility

Substantive issues:

Non-refoulement; family rights

Articles of the Covenant:

7 and 17

Articles of the Optional Protocol:

2 and 3

1.1
The author of the communication is I.M.Y., a Somali national born in 1986. He
sought asylum in Denmark but his application was rejected and, at the time of submitting
the communication, he was scheduled to be deported to Somalia on 2 February 2015. The
author claims that his deportation to Somalia would constitute a violation by Denmark of
his rights under article 7 of the Covenant and of article 8 of the Convention for the
Protection of Human Rights and Fundamental Freedoms (European Convention on Human
Rights). Although the author is not explicit about it in his communication, he also raises
questions that appear to invoke article 17 of the Covenant. The Optional Protocol to the

* Adopted by the Committee at its 117th session (20 June-15 July 2016).
** The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Ahmed Amin Fathalla,
Olivier de Frouville, Yuji Iwasawa, Ivana Jelić, Photini Pazartzis, Mauro Politi, Sir Nigel Rodley,
Víctor Manuel Rodríguez-Rescia, Fabián Omar Salvioli, Yuval Shany and Margo Waterval.


GE.16-15569(E)



Select target paragraph3