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:


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:


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:


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.
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.



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