ICCPR Case Digest

CCPR/C/125/D/2494/2014

Communication

2494/2014

Submission: 2014.07.28

View Adopted: 2019.03.14

S.F. v. Denmark

Allegation of treatment contrary to article 6 and 7 if removed to Iran, no violation as failure to demonstrate real and personal risk

Substantive Issues
  • Non-refoulement
  • Torture / ill-treatment
Relevant Articles
  • Article 13
  • Article 14
  • Article 2
  • Article 2 - OP1
  • Article 26
  • Article 6
  • Article 7
Full Text

Facts

The author is a national of the Islamic Republic of Iran, who at the time of the communication was subject to a deportation order from Denmark to Iran following a failed asylum request. The author contends that if removed, Denmark would violate his rights under articles 6 and 7 of the Covenant, and further that articles 2, 13, 14 and 26 of the Covenant have been violated by the Danish authorities in hearing his asylum case.

The author fled from Iran in 1998 and entered Denmark without travel documents. He applied for aslyum the following day, on the basis that he had converted to Christianity and was therefore at risk of persecution in Iran. The Danish authorities previously granted his wife refugee status in Denmark, and the author contends that his removal will forcibly separate them forever.

The Danish authorities declined his request for asylum on the basis that there was no real and personal risk of persecution. He was forcibly removed to Iran in 2014.

Merits

The Committee found that the evidence and circumstances invoked by the author have not adduced sufficient grounds for demonstrating that, following his deportation, he ran a real and personal risk of being subjected to treatment contrary to articles 6 and 7 of the Covenant, and consequently were of the view that the author’s expulsion to the Islamic Republic of Iran has violated his rights under articles 6(1) and 7 of the Covenant.

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