Burmese soldiers case

Concerning Mr. T.D.J vs Denmark for violation of Articles 7, 13, 18, 19 and 26 of CCPR.

In September 2006 the author was beaten to unconsciousness up by Burmese soldiers because he lost their equipment in an incident. He was in hospital for 13 days. A month later, the soldiers visited the author’s home twice looking for him, but he was not home. The applicant was afraid of the soldiers and decided to flee. The Refugee Board claimed that the applicant’s explanation regarding the incident after he was discharged from hospital, appears to be inconsistent and divergent, and rejected the asylum application. Consequently, a complaint was sent to CCPR. It argued that the author, who was already persecuted before fleeing, will eventually be subjected to violence/torture if returned to Burma. Thus, the author needs protection in Denmark, and forced deportation will be in violation of CCPR. The Committee considers that the author did not sufficiently substantiate his claims that his rights was violated, and therefore declares it inadmissible under article 2 of the Optional Protocol.

5. March 2020

CCPR 2654/2015
  • Decision: 11 August 2019
  • Comm: Human Rights