ICCPR Case Digest

CCPR/C/127/D/2654/2015

Communication

2654/2015

Submission: 2015.10.05

View Adopted: 2019.11.08

T. D. J. v. Denmark

Allegations of torture if removed from Denmark to Myanmar, inadmissible as insufficiently substantiated

Substantive Issues
  • Deportation
  • Non-refoulement
  • Torture / ill-treatment
Relevant Articles
  • Article 13
  • Article 18
  • Article 19
  • Article 26
  • Article 7
Full Text

Facts

The author is a national of Myanmar and claimed that Denmark has violated his rights under articles 7, 13, 18, 19 and 26 of the Covenant, on the basis that his deportation to Myanmar would put him at risk of torture, or cruel in human or degrading treatment or punishment. 

The author alleged that in Myanmar he was repeatedly subjected to forced labour by the armed forces in Myanmar, and that he complied with their orders in order to avoid being killed or tortured. The author entered Denmark in August 2011 without travel documents and applied for asylum in September 2011. His asylum request was rejected twice, with the refugee appeals board upholding the decision again in May 2015.

He alleged that if removed to Myanmar, he would again be subjected to torture, or cruel in human or degrading treatment or punishment.

Admissibility

The Committee noted that in this case, the refugee appeals board pointed to several contraditions in the authors assertions. The Committee also noted that the author could not establish a link between incidents involving the security forces, and did not accept that their enquiry lead to a perpetual conflict between the author and the amred forces of Myanmar. 

On this basis, the Committee considered that the author had no sufficiently established his case for the evaluation of his asylum request by Danish authorities, and therefore there was no clear manifest error or denial of justice. The Committee therefore declared the communication inadmissible as insufficiently substantiated.

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