CCPR/C/123/D/2328/2014
asylum grounds combined with its background knowledge on the general situation in
Afghanistan and the specific details of the case. Therefore, there are no grounds for
doubting the Board’s assessment that the author has failed to substantiate his grounds for
asylum and that the author’s statement about such grounds was fabricated for the occasion.
The State party further submits that the author’s communication to the Committee failed to
produce new concrete facts about his situation, and that the author is thus in fact trying to
use the Committee as an appellate body to have the factual circumstances advocated in
support of his claim for asylum reassessed by the Committee. It adds in this regard that the
Committee must give considerable weight to the Board’s findings of fact, which is better
placed to assess such facts in the author’s case.
4.9
The State party observes in relation to the author’s claim that he is at risk of being
forcibly recruited by the Taliban that, according to the report of the Immigration Service, 9
nothing indicates that the Taliban is forcibly recruiting young people since many volunteers
join the Taliban. It is equally unlikely that the Taliban will attempt to forcibly recruit ethnic
Hazaras, considering that these two groups do not trust each other, and that the Taliban will
therefore not trust Hazaras as soldiers.10 The State party submits, therefore, that the author
has failed to substantiate that the Taliban will attempt to forcibly recruit him upon his return
to Afghanistan.
4.10 The State party finds that the fact that the author is an ethnic Hazara from the
Wardak Province cannot in itself justify his entitlement to international protection. In this
connection, the State party submits that, according to the information available, 11 there is a
large minority of ethnic Hazaras in the Wardak Province and that they are not at risk of
being subjected to abuse falling within article 7 of the Covenant solely due to their ethnic
affiliations. Nor does the State party find any specific basis for assuming that the fact that
the author, like many other Afghan nationals, has stayed for a period of time in the West
would result in him attracting particular attention upon return to Afghanistan. It observes
that, since the author does not appear to have been conspicuous in any way, he should be
able to take up residence in other areas of Afghanistan, including big cities like Kabul. The
author’s references to the Eligibility Guidelines (see paras. 3.2–3.3 above), which is
included in the general background material of the Board as item No. 497, cannot lead to a
different assessment.
4.11 In the light of the foregoing, the State party concludes that there is no basis for
doubting, let alone setting aside the assessment made by the Board, that the author has
failed to substantiate that his return to Afghanistan would put him at risk of being subjected
to persecution or abuse justifying asylum, and thus that returning the author would not
constitute a violation of either article 6 or article 7 of the Covenant.
Author’s comments on the State party’s observations
5.1
On 24 September 2014, counsel informed the Committee that, on an unspecified
date, the author had disappeared. Counsel was in contact with the Danish Red Cross Refuge
Centre in the hope that the author would reappear. In the meantime, since the power of
attorney given by the author to counsel remained in force, counsel submitted that he would
continue to represent the author before the Committee.
5.2
Counsel submits that, in addition to the claims under articles 6, 7 and 14 of the
Covenant made in the initial submission, he wishes to add a separate claim under article 13
that was not invoked earlier by mistake. He adds that, since the author was unable to appeal
the decision of the Board of 23 January 2012 to a judicial body, his risk of persecution and
suffering irreparable harm upon return to Afghanistan has not been assessed in accordance
with the procedural guarantees of article 13 of the Covenant.
9
10
11
Reference is made to Danish Immigration Service, Afghanistan: Country of Origin Information for
Use in the Asylum Determination Process, Report from Danish Immigration Service’s fact-finding
mission to Kabul, Afghanistan, 25 February to 4 March 2012 (Copenhagen, 2012), pp. 26–28.
Ibid., p. 28. In addition, according to the report, the Taliban mainly recruit ethnic Pashtuns.
Ibid.
5