View Adopted: 2021.07.22
Author is an Ethiopian national whose asylum application in Denmark was rejected by the Danish Immigration Service and subsequently, by the Refugee Appeals Board, on the grounds that she would not be exposed to a real and individual risk of persecution in Ethiopia. The author contends that her and her son’s removal to Ethiopia would constitute a violation of article 6 of the ICCPR. She further contends that their removal to Italy (where she initially sought asylum prior to her arrival in Denmark) would constitute a violation of articles 7 and 24 of the Covenant, as she experienced both homelessness, illness, and sexual violence during her stay.
The Committee found her communication admissible on the following grounds: (i) she had exhausted local remedies and as such, the Committee was not precluded under article 5 (2) (b) of the Optional Protocol from being seized of the complaint; and (ii) because the author had sufficiently substantiated her allegations under articles 6 and 7 of the Covenant.
The Committee held that the State party had failed to demonstrate that it had conducted an individualized assessment of the author’s case sufficient to determine the existence of a real risk of irreparable harm. It found that, in absence of such a proper assessment, the author and her son’s deportation to Ethiopia would violate articles 6 and 7 of the Covenant.
The Committee noted the State Party’s obligation to review the author’s asylum case, and requested that the State refrain from deporting the author until her request for asylum had been properly considered.
Three Committee members (Furuya, Pazartzis, and Sancin) were unable to concur with the Committee’s view that the author’s deportation to Ethiopia would violate articles 6 and 7 of the ICCPR. They found that the author had not sufficiently demonstrated that the State party’s assessment was clearly arbitrary or amounted to a manifest error or denial of justice; consequently, the Committee should not have departed from the State party’s assessment of the risks associated with the author’s deportation.
22 January, 2022