CCPR/C/119/D/2338/2014 United Nations International Covenant on Civil and Political Rights Distr.: General 2 June 2017 Original: English Human Rights Committee Decision adopted by the Committee under the Optional Protocol, concerning communication No. 2338/2014*, ** Communication submitted by: M.J.K. (represented by counsel) Alleged victim: The author State party: Denmark Date of communication: 28 January 2014 (initial submission) Document references: Decision taken pursuant to rule 97 of the Committee’s rules of procedure, transmitted to the State party on 29 January 2014 (not issued in document form) Date of adoption of decision: 28 March 2017 Subject matters: Torture, cruel, inhuman or degrading treatment or punishment; deportation to Afghanistan; freedom of religion and equality before the law Procedural issue: None Substantive issues: Torture; cruel, inhuman or degrading treatment or punishment Articles of the Covenant: 6, 7, 14, 18 and 26 Article of the Optional Protocol: 2 1.1 The author of the communication is M.J.K, an Afghan national born on 21 March 1986. He claims that his deportation to Afghanistan by Denmark would constitute a violation of articles 6, 7, 14, 18 and 26 of the Covenant. He is represented by counsel, Niels-Erik Hansen. 1.2 On 29 January 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 to refrain from deporting the author to Afghanistan while his case was under consideration by the Committee. * Adopted by the Committee at its 119th session (6 March-29 March 2017). ** The following members of the Committee participated in the examination of the communication: Tania María Abdo Rocholl, Yadh Ben Achour, Ilze Brands Kehris, Sarah Cleveland, Ahmed Amin Fathalla, Olivier de Frouville, Christof Heyns, Yuji Iwasawa, Bamariam Koita, Marcia V.J. Kran, Duncan Laki Muhumuza, Photini Pazartzis, Mauro Politi, José Manuel Santos Pais, Anja SeibertFohr, Yuval Shany and Margo Waterval. GE.17-08977(E) 

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