CAT/C/78/D/1047/2021
underlying threat to the complainant was based on secondary information whose accuracy,
due to its nature, could not be verified. This information was also considered scant and very
vague. The domestic authorities must hence be considered to have fulfilled their duty to
ascertain all the relevant facts in this regard.
4.16 The complainant has attached to his complaint to the Committee a certificate by a
psychologist/psychotherapist. The State party notes that, as the complainant states, the
certificate, dated 5 December 2020, constitutes new evidence that was not invoked during
the domestic proceedings. As mentioned above, the State party limits its observations to the
assessments made during the national asylum proceedings and whether the rulings were
arbitrary or amounted to a denial of justice. However, the State party emphasizes that one of
the main considerations in the enforcement of an expulsion order in cases in which the
returnee suffers from ill-health is to see that his or her state of health will not deteriorate as a
consequence of such enforcement. In the light of the above, the State party holds that there
is no support for the assertion that the domestic rulings in the complainant’s case were
arbitrary or amounted to a denial of justice.
4.17 The State party reiterates that, due to the prevailing security situation in Afghanistan,
the Migration Agency has suspended all enforcement of deportation orders to Afghanistan
until further notice. Consequently, the complainant is not at risk of expulsion. The State party
would inform the Committee regarding any developments concerning the domestic migration
authorities’ assessment of the human rights and security situation in Afghanistan, with
implications for the complainant and invites the Committee to await the ongoing
re-evaluation of the situation. The State party concludes that the complainant’s case does not
reveal any violation of the Convention.
Complainant’s comments on the State party’s observations on admissibility and the
merits
5.1
On 5 January 2022, the complainant submitted comments on the State party’s
observations on admissibility and the merits.
5.2
The complainant holds that, contrary to the State party’s observations, the
communication is admissible under article 22 (2), as his assertions achieve the minimum
level of substantiation required for purposes of admissibility. He notes that the State party
does not contest the complainant’s claim that the same matter has not been and is not being
examined under another procedure of international investigation or settlement, and that
domestic remedies have been exhausted in the present case.
5.3
The complainant contests the State party’s assertion that he is not at risk of being
treated in a manner that would amount to a violation of article 3 of the Convention if returned
to Afghanistan and that his claims fail to rise to the minimum level of substantiation for
purposes of admissibility. Attention is drawn to the fact that, as former Muslim who has
converted to Christianity, he will face serious consequences as an apostate in Afghanistan.23
In addition, the complainant lacks an adequate social network in Afghanistan and would be
seen as an apostate by his family, his compatriots and the authorities. He was previously
subjected to persecution in Afghanistan, which has not been questioned by the State party’s
asylum authorities. The complainant would be a target for all kinds of exploitation, violence
and abuse. Given his distressing situation, the Committee should take all circumstances and
risk-enhancing factors into consideration when making an overall assessment of the
complainant’s need for protection. The complainant has sufficiently asserted the fact that he
is at risk of being treated in a manner that would amount to a violation of article 3 of the
Convention if returned to Afghanistan, considering both the general situation for converts in
his home country and the complainant’s individual situation.
5.4
Concerning the merits, the complainant maintains that the communication reveals a
violation of article 3 of the Convention, as stated in the complaint and the following
comments. The State party, by not granting him asylum due to his need for protection, has
violated the Convention. Since the complainant has converted from Islam to Christianity,
23
8
In Afghanistan, less than 0.3 per cent of the population confess to holding a different belief than
Islam.
GE.23-24373