United Nations
CCPR/C/126/D/2346/2014*
International Covenant on
Civil and Political Rights
Distr.: General
14 August 2019
Original: English
Human Rights Committee
Decision adopted by the Committee under the Optional
Protocol, concerning communication No. 2346/2014**, ***
Communication submitted by:
E.K. (represented by counsel, Niels-Erik Hansen)
Alleged victim:
The author
State party:
Denmark
Date of communication:
7 February 2014 (initial submission)
Document reference:
Decision taken pursuant to rule 92 of the
Committee’s rules of procedure, transmitted to
the State party on 11 February 2014 (not issued
in document form)
Date of adoption of decision:
24 July 2019
Subject matter:
Deportation to Afghanistan
Procedural issue:
Insufficient substantiation of claims
Substantive issues:
Right to life; torture, cruel, inhuman or
degrading treatment or punishment; nonrefoulement; protection of aliens against
arbitrary expulsion; right to a fair and public
hearing by a competent, independent and
impartial tribunal; right to freedom of religion or
belief; right to the equal protection of the law
Articles of the Covenant:
6, 7, 13, 14, 18 and 26
Article of the Optional Protocol:
2
1.1
The author of the communication is E.K., an Afghan national born in 1992. 1 His
request for asylum in Denmark was rejected and at the time of submission of the
communication, he was in detention awaiting deportation to Afghanistan. At that time, the
author claimed that, by forcibly returning him to Afghanistan, Denmark would violate his
rights under articles 6, 7, 14, 18 and 26 of the Covenant. In the subsequent submission of 9
* Reissued for technical reasons on 9 January 2020.
** Adopted by the Committee at its 126th session (1–26 July 2019).
*** The following members of the Committee participated in the examination of the communication:
1
Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Arif Bulkan, Ahmed Amin
Fathalla, Shuichi Furuya, Bamariam Koita, Duncan Laki Muhumuza, Photini Pazartzis, Hernán
Quezada Cabrera, Vasilka Sancin, José Manuel Santos Pais, Yuval Shany, Hélène Tigroudja, Andreas
Zimmermann and Gentian Zyberi.
The author’s nationality and year of birth have been contested at different stages of the asylum
proceedings in Denmark.
GE.19-13873(E)