CCPR/C/119/D/2473/2014 The facts as submitted by the author 2.1 Between 2007 and 2008, the author worked as a teacher at a university in Gaza. On 30 June 2008, he was fired by Hamas-affiliated staff allegedly for instructing students who had problems with Hamas. The author himself has never had political affiliations, but was a sympathizer of Fatah. In 2010, he received a summons to present himself at the Security Service Section of the city in which he lived. He did not go and left his home for a few days. After returning, he was attacked by Hamas and had to be hospitalized for head trauma. From the hospital, he was taken by Hamas to a prison and kept there for two weeks, during which time he was tortured by being beaten, hung up and hit on his feet. He was released on condition that he would cooperate and deliver information about Fatah. Approximately one month later, the author travelled to Egypt with the help of a smuggler. Some two months later, he returned home, again with the help of a smuggler. In December 2011, he travelled to Egypt and on 10 December 2011, while still in the country, he married a Danish citizen of Palestinian origin. In February 2012, he travelled once again to Gaza in order to arrange a visa for Denmark. On 25 April 2012, he arrived in Denmark. On 2 October 2012, he was granted a residence permit on the grounds of family reunification. On 4 January 2013, the author and his wife separated. On 25 January 2013, he applied for asylum. On 4 March 2013, his residence permit was revoked. 2.2 The reasons for asylum invoked by the author were his fear of detention and torture by Hamas because he fled and failed to provide them with information, as agreed to upon his release from detention, and his fear of being killed by his wife’s family, who have highranking positions in Hamas, owing to a conflict with his father-in-law. On 6 December 2013, the Danish Immigration Service rejected his asylum application. On 19 June 2014, the Danish Refugee Appeals Board confirmed the decision of the Danish Immigration Service, having found that the facts of his story lacked consistency and credibility. The Board specified, among other reasons, that the author had not been in conflict with Hamas in the two years following his dismissal, although he alleged that Hamas was looking for him because of the advice he was providing to students; the author had travelled repeatedly in and out of Gaza; that the information on abuse during his detention cannot in itself justify granting asylum; and that the claims about attacks by his wife’s family are not credible. The Board came to the conclusion that the author had not established that he would be at risk of personal persecution or inhuman treatment or punishment, which would justify granting him a residence permit. 2.3 During the appeals process, the author claimed that the human rights situation in Gaza justified, in itself, international protection. However, the Board found it unnecessary, in view of the facts of the case, to adopt a general position on the situation in Gaza. 2.4 The author claims to have exhausted all available domestic remedies since the decisions of the Board cannot be challenged in domestic courts. The complaint 3. The author alleges that if he were to return to Gaza, he would face the risk of assault by Hamas and a threat to his life from his wife’s family in violation of articles 7 and 9 of the Covenant. State party’s observations on admissibility and the merits 4.1 In a note verbale dated 29 April 2014, the State party submitted its observations on the admissibility and merits of the communication. In its observations the State party claims that the communication should be considered inadmissible as the author has failed to establish a prima facie case under articles 7 and 9 of the Covenant. He has not provided substantial grounds to demonstrate that he would be in danger of being subjected to torture or other forms of cruel, inhuman or degrading treatment or punishment if he returned to Gaza. The author has failed to establish in any way how he is at risk of treatment in violation of article 9 of the Covenant. 4.2 The State party alleges that, should the communication be considered admissible, the facts as presented by the author do not reveal a violation of articles 7 and 9 of the Covenant. The State party cites the jurisprudence of the Committee according to which the risk of 2

Select target paragraph3