ICCPR Case Digest

CCPR/C/123/D/2423/2014

Submission: 2014.04.14

View Adopted: 2018.07.16

K.H. v. Denmark

Substantive Issues
  • Non-refoulement
  • Respect for the inherent dignity of the human person
  • Torture / ill-treatment
Relevant Articles
  • Article 13
  • Article 14
  • Article 26
  • Article 6
  • Article 7
Full Text

Merits

The Committee, acting under article 5(4) of the Optional Protocol to the International Covenant on Civil and Political Rights, is of the view that the author’s removal to Iran would, if implemented, violate his rights under articles 6 and 7 of the Covenant.

Recommendations

the State party is under an obligation to proceed to a review of the author’s case taking into account the State party’s obligations under the Covenant and the Committee’s present Views. The State party is also requested to refrain from expelling the author while his request for asylum is being reconsidered.

Separate Opinions

Individual opinion by Mr. Yuval Shany, Mr. Christof Heyns and Ms. Marcia Kran (dissenting)

Implementation

the Committee wishes to receive from the State party, within 180 days, information about the measures taken to give effect to the Committee’s Views

 

DATE: 16 JANUARY 2019

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