CCPR/C/117/D/2378/2014
United Nations
International Covenant on
Civil and Political Rights
Distr.: General
21 November 2017
Original: English
Human Rights Committee
Views adopted by the Committee under article 5 (4)
of the Optional Protocol, concerning communication
No. 2378/2014*, **, ***
Communication submitted by:
A.S.M. and R.A.H. (represented by counsel,
Helle Hom Thomsen)
Alleged victim:
The authors and their three minor children
State party:
Denmark
Date of communication:
14 April 2014 (initial submission)
Document references:
Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 15 April 2014 (not issued in
document form)
Date of adoption of Views:
7 July 2016
Subject matter:
Deportation from Denmark to Italy
Procedural issues:
Failure to sufficiently substantiate allegations;
incompatibility ratione materiae
Substantive issues:
Torture; cruel, inhuman or degrading treatment
or punishment; right to a fair trial; right to
privacy; family and reputation
Articles of the Covenant:
7, 17 and 24
Articles of the Optional Protocol:
2 and 3
1.1
The authors of the communication are A.S.M. and his wife R.A.H., Somali nationals
born on 1 July 1985 and 1 January 1990, respectively. They submit the communication on
behalf of themselves and their minor children, X, Y and Z, born in Italy on 13 October
2009 and 8 June 2011 and in Denmark in July 2014, respectively. 1 They claim that by
* 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 communication:
Yadh Ben Achour, Lazhari Bouzid, Sarah Cleveland, Olivier de Frouville, Yuji Iwasawa, Ivana Jelić,
Sir Nigel Rodley, Fabián Omar Salvioli, Dheerujlall Seetulsingh, Anja Seibert-Fohr, Yuval Shany,
Konstantine Vardzelashvili and Margo Waterval.
*** Individual opinions by Committee members Yadh Ben Achour (dissenting) and Fabián Salvioli
(concurring) and a joint opinion by Committee members Sarah Cleveland and Sir Nigel Rodley
(concurring) are annexed to the present Views.
1 At the time of the submission of the communication to the Committee, the authors were expecting
their third child, who was subsequently born in the State party.
GE.17-20685 (E)
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