ICCPR Case Digest

CCPR/C/125/D/2439/2014

Communication

2439/2014

Submission: 2014.07.04

View Adopted: 2019.03.29

M.B.S. v. Denmark

Allegations of ill-treatment if removed to Islamic Republic of Iran, no violation as failure to substantiate a real and personal risk

Substantive Issues
  • Non-refoulement
  • Torture / ill-treatment
Relevant Articles
  • Article 13
  • Article 14
  • Article 2 - OP1
  • Article 6
  • Article 7
Full Text

Facts

The author is a national of the Islamic Republic of Iran who sought asylum in Denmark, and was subject to a deportation order at the time of the communication.

In 2010 the author and an associate sold satellite dishes. The author was apprehended by the police and held in detention, threatened with torture and subjected to psychological pressure. He was sentenced with a small fine and forced to sign a statement that he would never engage in trade of communications technology again or he would be imprisoned.

The author continued with the sales, and fled to Denmark in early 2012 without valid travel documents and applied for asylum on 23 January 2012. He claims that removal to Iran would violate his rights under article 7 of the Covenant, and further that his rights under article 13 have been violated in relation to the hearing of his asylum case by the Danish authorities. 

Admissibility

The Committee noted their general practice that proceedings relating to the expulsion of an alien do not fall within the ambit of a determination of “rights and obligations in a suit at law” within the meaning of article 14 (1), but are governed by article 13 of the Covenant. On this basis, that portion of the claim was declared inadmissible.

Merits

The Committee found that the evidence and circumstances invoked by the author have not raised sufficient grounds for demonstrating that he would run a real and personal risk of being subjected to treatment contrary to article 7 of the Covenant, and therefore his removal did not display a violation of the Covenant.

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