Concerning Mr. A.B.H. (represented by the Danish Refugee Council) vs Denmark for violation of article 7 of CCPR.
The author is of Pashtun ethnicity and comes from the Kunar province in Afghanistan. The author states that he was employed as a soldier from 2007 to 2012, training and working with Afghan and American forces. The author’s tasks included arresting members of the Taliban. Due to his work, the author was threatened by the Taliban on several occasions, including receiving threatening letters from Taliban at his home. In December 2012, the author was kidnapped and detained by the Taliban, and during his detention, the author did not reveal his identity. He managed to escape after three or four months. He fled to Pakistan. After his departure, the author was informed that he was suspected of collaboration with the Taliban because of his long absence.
The author entered Denmark on 8 December 2013 and applied for asylum the same day. His sister, her husband and their children have residency in Denmark. The rest of the author’s family, including his wife and his six children resides in Afghanistan. The author asserts that he runs the risk of being persecuted if he were to be deported to Afghanistan because after having worked five years for the international forces he has a conflict with the Taliban, and in addition, the Afghan authorities wrongfully suspect him of being affiliated with the Taliban. The Danish Immigration Service and the Refugee Appeals Board rejected the author’s application based on the author’s non-credibility and lack of details in his statement about his detention by the Taliban.
The decision has received critic from the CCPR. The CCPR in their decision from the 8th of July 2019 recalls that States parties should give sufficient weight to the real and personal risk that the author faces if deported back to Afghanistan. Thus, the Board reopened the case and decided to give the author residence permit according to the Aliens Act article 7 (2).
See the full CCPR statement in the attached PDF.
16. January 2020