United Nations

International Covenant on
Civil and Political Rights

Distr.: General
28 November 2017
Original: English

Human Rights Committee

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


Alleged victim:

The author

State party:


Date of communication:

5 June 2014 (initial submission)

Document references:

Decision taken pursuant to rule 97 of the
Committee’s rules of procedure, transmitted to
the State party on 6 June 2014 (not issued in
document form)

Date of adoption of Views:

8 November 2017

Subject matter:

Deportation to Afghanistan

Procedural issues:

Substantiation of claims and inadmissibility

Substantive issues:

Expulsion of aliens; risk of irreparable harm in
country of origin; right to life; prohibition of
torture or cruel, inhuman or degrading treatment;
expulsion of non-citizen; right to equal
protection of the law

Articles of the Covenant:

6, 7, 13 and 26

Article of the Optional Protocol:

2 and 3

The author of the communication is S.A.H, an Afghan citizen born on 6 February
1987. The author claims that, by forcibly deporting him to Afghanistan, Denmark would
violate his rights under articles 6, 7, 13 and 26 of the International Covenant on Civil and
Political Rights. The author was represented by counsel until 6 October 2017. The Optional
Protocol entered into force for Denmark on 23 March 1976.
On 6 June 2014, pursuant to rule 92 of its rules of procedure, the Committee, acting
through its Special Rapporteur on new communications and interim measures, requested
the State party not to deport the author to Afghanistan while his case was under
consideration by the Committee. On 10 June 2014, the Refugee Appeals Board suspended
* Adopted by the Committee at its 121st session (16 October-10 November 2017).
** The following members of the Committee participated in the examination of the present
communication: Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland, Olivier de Frouville,
Christof Heyns, Yuji Iwasawa, Ivana Jelić, Bamariam Koita, Marcia V.J. Kran, Photini Pazartzis,
Mauro Politi, José Manuel Santos Pais, Yuval Shany and Margo Waterval.



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