ICCPR Case Digest

CCPR/C/125/D/2373/2014

Communication

2373/2014

Submission: 2014.02.26

View Adopted: 2019.03.18

I.K. v. Denmark

Claim of a risk of torture, inhuman or degrading treatment if removed to Afghanistan, no violation as insufficiently substantiated

Substantive Issues
  • Freedom of religion
  • Right to life
  • Torture / ill-treatment
Relevant Articles
  • Article 18
  • Article 2 - OP1
  • Article 6
  • Article 7
Full Text

Facts

The author is an Afghan national currently in Denmark, and claimed he would be victim of a violation of articles 6, 7 and 18 of the Covenant if he were removed to Afghanistan.

The author left Afghanistan in 2011 due to security risk arising from a dispute with his neighbour, an army general. He travelled through several countries and applied for asylum in Denmark, which was rejected in 2014.

Merits

The Committee considered that the author's claim mainly reflects his disagreement with the factual conclusion drawn by the state party, and the alleged risk of harm by his former neighbour. The Committee found that these factors did not present a real and personal risk of torture, inhuman or degrading treatment or punishment, and on that basis found that the state party did not violate its obligations under articles 6 and 7 of the Covenant by removing the author to Afghanistan.

Rules of Procedure of the Human Rights Committee

Rules of Procedure of the Human Rights Committee CCPR/C/3/Rev.10

Arabic | Chinese | English | French | Russian | Spanish

CCPR NGO Participation

Documents adopted by the Human Rights Committee (March 2012)

English | French | Spanish | Russian | Handbook

CCPR NHRI Participation

Documents adopted by the Human Rights Committee (November 2012)

English | French | Spanish | Russian | Arabic | Chinese